Te Pire Whakataunga Kerēme a ngā Hapū o Ahuriri
Xx Xxxx Whakataunga Kerēme a ngā Hapū o Ahuriri
Pire Kāwanatanga
E ai ki tērā nā Te Komiti Whiriwhiri Take Māori i pūrongo
Ngā kōrero
Tūtohutanga
Kua tirohia e Te Komiti Whiriwhiri Take Māori Xx Xxxx Whakataunga Kerēme a ngā Hapū o Ahuriri, ā, tūtohu ai kia whakamanatia i xx xxxx o xxx menemana kua whakaa- turia.
E pā xxx ki xx xxxx nei
Ka whakamana xx xxxx nei i te Whakaaetanga Whakataunga (te Whakaaetanga) i tāmokohia rā e te Karauna me ngā Hapū o Ahuriri hei whakatau i ā rātou Kerēme Tiriti o Waitangi katoa e xxxxx xxxx xxx. Xx xxxx xx xxxx pānga o ngā hapū nei mai i te raki ki te tonga mai i te Waiohinanga ki te Ngaruroro, ā, ka rohea ōna tahataha e te paemaunga Kaweka, me te Moana Nui a Kiwa.
Hopukina ai ki xx xxxx nei tētahi whakarāpopototanga o ngā kōrero hītori mō xxx xxx- ēme, tae atu ki te hokonga o te whenua, ngā pakanga, me te whakatikitanga. Ka wha- karite xx xxxx i xx xxxx mō xxx mihi me te whakapāha a te Karauna, te takoto mai nei i roto i te reo Xxxxxxxx me te reo Māori.
Hopukina ai ki te whakaaetanga whakataunga te puretumu ā-pūtea, te puretumu ā- ōhanga hoki, kāore e whakamāramatia xxxx nui i roto i xx xxxx. Arā e $19.5 miriona, ā, e 33.3 ōrau o ngā hea o te Kaweka Gwavas Forestry Company Limited.
E pā xxx ki ā mātou tūtohutanga
He ririki, he hangarau ā mātou menemana. Kīhai mātou e tūtohu menemana ki xx xxxx i xxxxx i xxx tāpaetanga.
Ngā tāngata i whakatūria ki Te Komiti Muriwai o Te Whanga
Xx xxxx te rārangi 88 o xx xxxx ki te whakamana i te tukunga ki tūranga kē o xxx xxx- gata i whakatūria e ngā mana takiwā me te Minita o Te Ringa Atawhai ki Te Komiti
216—2
Muriwai o Te Whanga, xxxx xx whakahoutia te hanganga o te kāwanatanga ā-xxxx o Xx Xxxxx a Māui. E xxxxxx xxxx ai te reo i roto i xx xxxx ki xxx whakatureture onāia- nei, ka tūtohu mātou kia menemanatia te rārangi 88 kia whai wāhi ai ngā whakarere- kētanga a te Pāremata ki te Local Government Act 2002, i te tau 2019.
Te whakahou i ngā pānga mō ngā whenua whakatika hapa ā-ahurea
Ka hoatu te rārangi 65 kia xxxxxx ētahi whenua e toru ki ngā kaitiaki. Ka whakaatu te whakamārama 3 i ngā whenua, ka whakatakoto hoki i ngā pānga e pā xxx ki aua whenua. Ka tūtohu mātou i ētahi menemana ririki, ētahi menemana hangarau hoki:
• ki ētahi atu pānga
• hei unu i ngā pānga kua oti kē
• hei unu i ngā pānga e rārangi xxx xxx, xxxxx xxx pānga ki te whenua, ā, nō reira kāore he take xxxx i roto i xx xxxx.
Ētahi atu kaupapa i whakaarohia e mātou
I tua atu i ngā menemana i runga ake nei, e whai nei ngā kaupapa nui i whakaarohia e mātou.
Ngā pōtitanga mō ngā Kaitiaki mō Mana Ahuriri Incorporated, mō Mana Ahuriri Trust hoki
E pā xxx te nuinga o ngā kōrero, o ngā take hoki i whakaarahia i roto i ngā tāpaetanga ki ngā pōtitanga mō te rōpū whaimana, mō Mana Ahuriri Incorporated, me te Rōpū Whakahaere i Muri i te Whakataunga (PSGE), arā me Mana Ahuriri Trust.
Ko xxxx x xxxxx mātou kāore i whakahaeretia he pōtitanga e Mana Ahuriri Incorpor- ated, ā, me whakatika tēnei hanga, arā me whakahaere pōtitanga mō ngā tūranga kai- tiaki katoa o Mana Ahuriri Trust. He tokomaha ngā kaitāpae nāna nei i whakapuaki te xxxxxxxxxx xxxxx i whāia tētahi tūtohutanga a Te Rōpū Whakamana i te Tiriti o Xxx- xxxxx, arā kia whakahaeretia he pōtitanga mō ngā kaitiaki. Kāore hoki ētahi o aua kai- tāpae e whakapono ka whakahaeretia ngā pōtitanga, ahakoa he mea whakahau tērā nā te Whakaaetanga Poutiaki a te PSGE nei. He tokomaha ngā kaitāpae nāna nei i wha- kapuaki te āwangawanga e pā xxx ki te arotakenga o ngā pōtitanga, tae atu ki ngā kōrero whakamōhio e xxxxxx xxx ki xxx kaipōti.
Xxx xxxx o xx xxxxxx, xxx kaitiaki hoki
Whiriwhiri ai te rōpū whaimana i te Whakaaetanga i xx xxxx o te Karauna, ā, whiwhi ai, whakahaere ai te PSGE i te puretumu whakataunga mā te hapori kerēme i muri mai i te rā whakataunga.
I noho mai hei kaitiaki tuatahi mō te PSGE ko xxx xxxx o xx xxxxxx o te rōpū whai- mana, xx xxxxx i te hātepe whakamana. Hoatu ai te Whakaaetanga Poutiaki a te PSGE kia tokoiwa ngā kaitiaki, kia whakahaeretia he pōtitanga mō ētahi kaitiaki tokowhā kia kotahi tau i muri mai i te rā whakataunga, ā, mō ētahi atu kaitiaki tokorima katoa kia kotahi tau i muri iho.
I arotake te Karauna i te Whakaaetanga Poutiaki a te PSGE, ā, ka whakatauria he rōpū tōtika tēnei e pā xxx ki te whakakanohitanga o te hapori, te haepapatanga, me te pūatatanga o ngā hātepe whakataunga.
Te whakamanatanga o ngā putanga mō te Whakaaetanga Whakataunga me te PSGE
I whakahaeretia te pōtitanga hei whakatūmau i te PSGE me te Whakaaetanga i waenga i te Paraire te 31 o Hongongoi me te Mane te 17 o Hereturikōkā 2015. Nā tētahi rōpū rāwaho te hātepe tatau pōti i whakahaere. E 27 ōrau o ngā kaipōti e wātea xxx ki xx xxxx i uru, ā, e 71 ōrau i tautoko i te whakatūranga o te PSGE, e 76 ōrau i tautoko i te whakaaetanga. I whakaarohia he hakahaka te auautanga urunga a ngā kaipōti ki te pōtitanga i xx xxxx o ētahi atu whakataunga tiriti ō mua tata nei.
Ka whakapuakina ētahi āwangawanga e pā xxx ki te hātepe, ki te kaha o te uru hoki, me te aha ka whakatūria a Xxxxx Xxxxxxxxxx QC hei arotake i te putanga. Ka tūtohu ia kia whakamahia e te Minita xxx paearu māori ki ngā putanga, he kore noa nō te hātepe, nō te putanga hoki e tino mōrearea ka werohia. Whai muri i te whakapuakinga o ētahi āwangawanga e ētahi mema o ngā hapū o Ahuriri, ka whakatūria a Tā Xxxx Xxxxxx hei kaitakawaenga mō xxx xxxx o xxx Hapū o Ahuriri. I te otinga o xx xxx, e hiahia xxx xxx xxxx xxxxx kia whakaurua xx xxxx ki te Pāremata, ā, kia whakahaeretia te pōtitanga mō ngā kaitiaki o te PSGE. Ka whakaae te Minita ki te whakamanatanga i runga i te putanga o te arotake me ngā hātepe takawaenga.
Te pakirehua kōhukihuki a Te Rōpū Whakamana i te Tiriti o Waitangi
I whakaae Te Rōpū Whakamana i te Tiriti o Waitangi ki tētahi pakirehua kōhukihuki i runga i ngā tono a Ngāti Pārau (Wai 2573), a ētahi mema o Ngāti Tu me Xxxx Xx Rur- uku hoki (Wai 2574). Ko te pūtake o xx xxx ko te whakaaro xxx xxxx kua wāwāhi te Karauna i ngā mātāpono o te Tiriti o Waitangi, he kore nō te rōpū whaimana e wha- karite, e pupuri rānei i te mana whiriwhiri e tika xxx.
E ai ki te pūrongo a te Tarapiunara, e hē xxx tā te Karauna aromātai i ngā hanga hae- papa a Mana Ahuriri Incorporated, ā, kāore i whakahaeretia ētahi pōtitanga ingoa- whitiwhiti, ētahi pōtitanga whakahirahira rānei i waenga i te tau 2012 me te tau 2016. Ka mea hoki te pūronga e wāwāhi xxx te Karauna i ngā mātāpono o te Tiriti o Xxx- xxxxx, xxxx i whakaae ki te whakamanatanga o ngā putanga, he hē, he kore hoki e tika nō te hātepe hei whakamana, hei tatau anō i xxx xxxx motuhake hoki. Heoi anō, ka kī te Taraipiunara kāore he take mō te whakahaere anō i te hātepe whakamana i te tōmuritanga o te hātepe whakataunga.
E whakatikaina ai te wāwāhanga nei, ka tūtohu te Taraipiunara kia wawe rawa te whakaurunga o xx xxxx, mehemea anake xx xxxxx te PSGE ki te whakahaere pōtitanga kaitiaki mō ngā tūranga katoa. Kia kaua hoki te Karauna e kōkiri i xx xxxx i roto i te Pāremata ki te Whakaaetanga a te Ariki xxx xxx ki te otinga o ngā pōtitanga nei. Ā, kia whakautu te Karauna i xxx xxx o aua pōtitanga.1
Tā mātou urupare ki ngā take i whakaarangia
Ko tērā i meatia mai ki a mātou i whakaurua xx xxxx ki Te Whare i muri i tukunga o te whakaaetanga a te PSGE ki te Minita ki te whakahaere pōtitanga kaitiaki. Ka wha- xxxx xx Xxxxxx ka kore xx xxxx e kōkiri ki te wāhanga whakatureture whakamutunga taea noatia te otinga o ngā pōtitanga.
I rongo mātou mai i a Mana Ahuriri Trust, ka kī mai ka kore rātou e whakahaere pōtitanga, he whakaaro nō rātou e mārama xxx te whakaaetanga a tō rātou iwi ki tō rātou mana whiriwhiri. Waihoki e āhei xxx ki te whakahaere pōtitanga ā muri i te whakataunga. Ka mea hoki rātou he poutiaki tūmataiti rātou, e kore e taea e tētahi atu te whakahau.
Kua pātai mai Te Whare ki tō mātou komiti ki te whakatau xxxx xx tūtohu kia wha- kamanatia xx xxxx, ā, ki te hoatu tūtohutanga hoki mō ētahi menemana ki xx xxxx. Kei ngā Whakahau Tūmau tō mātou haepapa ki Te Whare.2 Xxxxx xx kaupapa o te whaka- haerenga pōtitanga i wherahia i roto i ngā ritenga o xx xxxx. Nō reira, kāore ā mātou tūtohutanga e pā xxx ki xxx pōtitanga. Heoi anō ka tautoko mātou i ngā whakaaro i whakapuakina e ngā rōpū katoa, arā kia kaua te hātepe whakataunga e whakatōroatia papakoretia, ā, ka akiaki i ngā mahi pai kia tau ai te take.
Te whakarāpopototanga o ngā kōrero hītori
E xxxx xxxx xxx tāpaetanga i whiwhi mātou e whakapuaki xxx i te āwangawanga ki te tika o tā xx xxxx whakaahua i ngā mahi i Ōmarunui. Ka whakatakoto ngā kōrero hītori i roto i te Whakataunga, e whakarāpopototia xxx i te rārangi 8, i ngā mahi, i xxx xxx- retanga hoki a te Karauna, me te aha ka takoto te whakaaetanga me te whakapāha i roto i te Whakaaetanga, i roto i xx xxxx hoki.
E mārama xxx ki a mātou ko te tuhinga o te wāhanga o Ōmarunui tētahi o ngā take i tono ai ngā kaikerēme o Ngāti Pārau (Wai 2573), Ngāti Tu me Ngāti Te Ruruku (Wai 2574) ki te tono i tētahi pakirehua Taraipiunara kōhukihuki.
I whiwhi tohutohu mātou e whakahē xxx xxx kaikerēme i ngā kōrero, he hiahia nō rātou kia whakaurua ngā māhi a ō rātou hapū. E tau ai te take nei, kua uru te Karauna ki ngā whiriwhiringa i xx xxxx o xxx hapū ki te tuhi iho, ki te whakatakoto i ngā wha- kaaro rerekē e pā xxx ki xxx mahi i Ōmarunui i roto i ngā whakaaetanga e whakaputa- ria ai ki xx xxx tukutuku o Te Arawhiti, kia tāmokohia rānōtia.
Ka whakaaro mātou ka mauru xxx xxx āwangawanga i whakapuakina e ngā kaitāpae i te whanaketanga o ēnei whakaaetanga, ā, kāore mātou e tūtohu kia menemanatia ngā ritenga o xx xxxx.
1 Te Pūrongo Whaimana o Mana Ahuriri, Te Rōpū Whakamana i te Tiriti o Waitangi, https:// xxxxxxxxxxxxxxxx.xxxx.xx/xxxx/xxxxxxxx-xxx-xxxxxxxx-xxx-xxxx-xxxxxxx-xxxxxxx-xxxxxx/
2 Te 291 me te 292 o ngā Whakahau Tūmau.
Tāpiritanga
Hātepe komiti
I xxxxxx Xx Xxxx Whakataunga Kerēme a ngā Hapū o Ahuriri ki te komiti i te 12 o Poutūterangi 2020. Ko te 22 o Poutūterangi 2020 te xx xxxxxxx mo xxx tāpaetanga. E 34 ngā tāpaetanga i whiwhi, ā, i whakaarohia e mātou mai i ngā rōpū whai pānga me te hunga takitahi. I rongo taunakitanga ā-waha mātou mai i ngā kaitāpae e 9 i ngā whakawātanga i Ahuriri, i Te Whanganui-a-Xxxx.
I whiwhi kupu tohutohu mātou mai i Te Arawhiti.
Mematanga komiti, ko Xxxx Xxxxxxxxxx (Heamana) Xxxxxx Xxxxxxxx
Xxxxxx Xxxxx Harete Hipango Xxxx Xxxx Xxxxxx Xxxxxxx
Xxxxxx Xxxxx Xxxxxx Xxxxxx Xxxx Whaitiri
Ahuriri Hapū Claims Settlement Bill
Government Bill
As reported from the Māori Affairs Committee
Commentary
Recommendation
The Māori Affairs Committee has examined the Ahuriri Hapū Claims Settlement Bill and recommends that it be passed with the amendments shown.
About this bill
This bill gives effect to the deed of settlement signed by the Crown and Xxxxxxx Xxxx to settle all of their outstanding historical Treaty of Waitangi claims. The area of inter- est for the hapū extends north to south from the Esk River to the Ngaruroro River and is bounded on its sides by the Kaweka Ranges and the Pacific Ocean.
The bill includes a summary of the historical background to the claims, including land alienation, warfare, and socio-economic deprivation. The bill also provides for acknowledgements and a Crown apology, which are set out in both English and te reo Māori.
The deed of settlement includes financial and commercial redress, which is not speci- fied in the bill, of $19.5 million and 33.3 percent of the shares held in the Kaweka Gwavas Forestry Company Limited.
About our recommendations
Our proposed amendments are minor and technical. We do not recommend any amendments to the bill as a result of submissions.
Appointments to Te Komiti Muriwai o Te Whanga
Clause 88 of the bill would apply if local government in Hawke’s Bay is reorganised. It would enable the reallocation of appointments, made by local authorities and the Minister of Conservation, to Xx Xxxxxx Xxxxxxx o Te Whanga. To ensure that the lan- guage in the bill is consistent with current legislation we recommend amending clause
216—2
88 to take into account the changes Parliament made in 2019 to the Local Govern- ment Act 2002.
Updating the interests for cultural redress properties
Clause 65 provides for three properties to be vested in the trustees. Schedule 3 describes the properties and lists the interests affecting the properties. We recommend a small number of technical amendments to:
• add additional interests
• remove expired interests
• remove listed interests that have no direct effect on the property and are there- fore not required in the bill.
Other matters we considered
Apart from the above amendments, the main matters we considered were as follows.
Elections for Trustees of Mana Ahuriri Incorporated and Mana Ahuriri Trust
Most of the matters raised in submissions were about elections for the mandated entity, Mana Ahuriri Incorporated, and the Post-Settlement Governance Entity (PSGE), Mana Ahuriri Trust.
We heard that there had been no substantive elections held by Xxxx Xxxxxxx Incorpor- ated, and this needed to be rectified by holding elections for all trustee positions for Xxxx Xxxxxxx Trust. A significant number of submitters expressed concern that a rec- ommendation from the Waitangi Tribunal for the PSGE to undertake elections for trustees was not being followed. Some of those submitters said they did not believe elections would be held even though it is required in the PSGE’s trust deed. A number of submitters raised concerns about oversight of any elections, including about infor- mation to be provided to inform voters.
Committee members and trustees
A mandated entity negotiates the deed of settlement with the Crown, and the PSGE receives and administers the settlement redress on behalf of the claimant community after the date of settlement.
Through the ratification process the committee members of the mandated entity became the initial trustees for the PSGE. The PSGE’s trust deed provides for nine trustees, with elections for four new trustees to occur a year after the settlement date and the remaining five a year later.
The Crown reviewed the PSGE’s trust deed and found it to be an appropriate entity in terms of representation, accountability, and transparency of decision-making pro- cesses.
The ratification results for the deed of settlement and the PSGE
Voting to confirm the PSGE and the deed of settlement took place between 31 July and 17 August 2015. An independent group managed the vote-counting process. Of the 1,433 eligible voters, 27 percent participated, with 71 percent supporting the establishment of the PSGE and 76 percent supporting the deed of settlement. The par- ticipation rate was considered low in comparison with other recent treaty settlements.
Xxxxx Xxxxxxxxxx QC was appointed to review the results after concerns were raised about the process and participation rate. He recommended that the Minister apply his usual criteria to the result on the basis that the process and result do not contain any significant risk of challenge. Following further concerns raised by Xxxxxxx Xxxx members, Xxx Xxxx Xxxxxx was then appointed to undertake facilitation with Xxxxxxx Xxxx members. The outcome of the facilitation was that all members wanted the bill to be introduced to Parliament and for elections of PSGE trustees to be held. The Minister accepted the ratification based on the outcome of the review and facilitation processes.
Waitangi Tribunal urgent inquiry
The Waitangi Tribunal granted an urgent inquiry after receiving applications from Ngāti Pārau (Wai 2573) and members of Ngāti Tu and Xxxx Xx Ruruku (Wai 2574). The hearing was to consider whether the Crown was in breach of the principles of the Treaty of Waitangi because the mandated entity, by not holding substantive elections, had not established or maintained a proper mandate.
The Tribunal’s report found that the Crown’s monitoring of the accountability of Mana Ahuriri Incorporated was flawed because no rotational or substantive elections had occurred between 2012 and 2016. It also said that the Crown was in breach of the principles of the Treaty of Waitangi for accepting the ratification results because a flawed and unfair process was used to verify and recount special votes. However, the Tribunal said that there was no point in rerunning the ratification process so late in the settlement process.
To resolve the breach, the Tribunal recommended that this bill be introduced as soon as possible, but only if the PSGE agreed to hold trustee elections for all positions. The Tribunal also recommended that the Crown not progress the bill through Parliament to Royal assent until the elections have taken place. Finally, it recommended that the Crown pay for the cost of the elections.3
Our response to the matters raised
We were advised that the bill was introduced to the House after the Minister received agreement from the PSGE to hold trustee elections. The Minister confirmed that the bill would not progress to the final legislative stage until elections had been held.
3 The Mana Ahuriri Mandate Report, Waitangi Tribunal, xxxxx://xxxxxxxxxxxxxxxx.xxxx.xx/xxxx/ tribunal-has-released-its-mana-ahuriri-mandate-report/
Subsequently, Xxxx Xxxxxxx Trust told us during our hearings on the bill that they would not hold elections as they consider there to be a clear mandate from their people. They also point out that their trust deed requires elections to occur post-settle- ment. Further, they argued that they are a private trust which cannot be compelled.
The House has asked this committee to determine whether to recommend that the bill be passed, and to make recommendations about any amendments to the bill. Our responsibility to the House is set out in Standing Orders.4 The holding of elections is not a matter that is addressed in the bill’s provisions. Therefore, we do not make any recommendations regarding elections. We do, however, support the sentiment expressed by all parties that the settlement process should not be unduly delayed and urge that positive steps be taken towards resolution.
The summary of historical account
We received three submissions that raised concerns about the accuracy of the bill’s description of the events that took place at Ōmarunui. The historical account in the deed of settlement, which is summarised in clause 8, sets out the Crown’s acts and omissions that have resulted in the acknowledgement and apology in both the deed of settlement and the bill.
We understand that the drafting of the Ōmarunui description is one of the reasons that led to the Ngāti Pārau (Wai 2573) and Ngāti Tu and Xxxx Xx Ruruku (Wai 2574) claimants’ applications for an urgent Tribunal inquiry.
We have been advised that the claimants disagree with the account as they want the actions of their hapū recorded. To resolve the issue the Crown has engaged in negoti- ations with the hapū to record and set out the differing perspectives of the events at Ōmarunui in agreements that, once signed, would be published on Te Arawhiti’s web- site.
We consider the development of these agreements appropriately address the concerns raised by submitters, and do not recommend amending the bill’s provisions.
Appendix
Committee process
The Ahuriri Hapū Claims Settlement Bill was referred to the committee on 12 March 2020. The closing date for submissions was 22 May 2020. We received and consid- ered 34 submissions from interested groups and individuals. We heard oral evidence from 9 submitters in Napier and Wellington.
We received advice from The Office of Māori Crown Relations – Te Arawhiti.
4 Standing Orders 291 and 292.
Committee membership Xxxx Xxxxxxxxxx (Chairperson) Xxxxxx Xxxxxxxx
Xxxxxx Xxxxx Harete Hipango Xxxx Xxxx Xxxxxx Xxxxxxx
Xxx Xxxxx Xxxxxx Xxx Xxxx Whaitiri
Key to symbols used in reprinted bill
As reported from a select committee
text inserted unanimously text deleted unanimously
Hon Xxxxxx Xxxxxx
Ahuriri Hapū Claims Settlement Bill
Government Bill
Contents
Page
4 Provisions to take effect on settlement date 7
Summary of historical account, acknowledgements, and apology of the Crown
7 Summary of historical account, acknowledgements, and apology 9
8 Summary of historical account 9
11 Interpretation of Act generally 21
14 Meaning of historical claims 25
Historical claims settled and jurisdiction of courts, etc, removed
15 Settlement of historical claims final 26
Amendment to Treaty of Waitangi Act 1975
16 Amendment to Treaty of Waitangi Act 1975 27
Resumptive memorials no longer to apply
17 Certain enactments do not apply 27
18 Resumptive memorials to be cancelled 27
19 Rule against perpetuities does not apply 28
20 Access to deed of settlement 28
22 Authority to enter into Xx Xxxx o Papa 29
23 Noting of Xx Xxxx o Papa on conservation planning documents 29
24 Xx Xxxx o Papa subject to rights, functions, and duties 29
25 Enforcement of Xx Xxxx o Papa 30
General provisions applying to protocols
27 Issuing, amending, and cancelling protocols 31
28 Protocols subject to rights, functions, and duties 31
29 Enforcement of protocols 31
Subpart 3—Statutory acknowledgement and deeds of recognition
33 Statutory acknowledgement by the Crown 33
34 Purposes of statutory acknowledgement 33
35 Relevant consent authorities to have regard to statutory 34
36 Environment Court to have regard to statutory acknowledgement 34
37 Heritage New Zealand Pouhere Taonga and Environment Court to 34
have regard to statutory acknowledgement
38 Recording statutory acknowledgement on statutory plans 35
39 Provision of summary or notice to trustees 35
40 Use of statutory acknowledgement 36
41 Issuing and amending deeds of recognition 37
General provisions relating to statutory acknowledgement and deeds of recognition
42 Application of statutory acknowledgement and deed of recognition 37
43 Exercise of powers and performance of functions and duties 38
Consequential amendment to Resource Management Act 1991
45 Amendment to Resource Management Act 1991 38
Subpart 4—Overlay classification
47 Declaration of overlay classification and the Crown’s 39
48 Purposes of overlay classification 39
49 Effect of protection principles 39
50 Obligations on New Zealand Conservation Authority and 39
51 Noting of overlay classification in strategies and plans 40
52 Notification in Gazette 40
53 Actions by Director-General 41
54 Amendment to strategies or plans 41
57 Effect of overlay classification on overlay areas 42
58 Termination of overlay classification 42
59 Exercise of powers and performance of functions and duties 43
Subpart 5—Official geographic names
62 Official geographic names 43
63 Publication of official geographic names 43
64 Subsequent alteration of official geographic names 44
Subpart 6—Vesting of cultural redress properties
Properties vested in fee simple
66 Conservation House property 44
Property vested in fee simple to be administered as reserve
General provisions applying to vesting of cultural redress properties
69 Properties vest subject to or together with interests 45
70 Interests that are not interests in land 45
71 Registration of ownership 45
72 Application of Part 4A of Conservation Act 1987 46
73 Matters to be recorded on record of title 46
74 Application of other enactments 47
75 Name of Crown protected area discontinued 47
Further provisions applying to Heipipi Pa
76 Application of other enactments to Heipipi Pa 48
77 Subsequent transfer of Heipipi Pa reserve land 48
78 Transfer of Heipipi Pa reserve land to new administering body 48
79 Transfer of Heipipi Pa reserve land to trustees of existing 49
administering body if trustees change
80 Heipipi Pa reserve land not to be mortgaged 49
81 Saving of bylaws, etc, in relation to Heipipi Pa 49
83 Establishment of Te Komiti Muriwai o Te Whanga 50
88 Allocation of appointments if local authorities reorganised 52
89 Members must act in interests of Te Muriwai o Te Whanga 53
91 Resignation or removal of members 53
92 Members not personally liable 53
93 Administration and procedure of Komiti 54
94 Purpose and scope of Te Muriwai o Te Whanga Plan 54
95 Effect of Plan on Resource Management Act 1991 planning 54
documents and resource consents
96 Effect of Plan on local government matters 55
97 Effect of Plan on conservation matters 55
98 Preparation and approval of first Plan 55
99 Review and amendment of Plan 55
Subpart 1—Transfer of deferred selection properties
101 The Crown may transfer properties 56
102 Minister of Conservation may grant easements 57
103 Records of title for deferred selection properties 57
104 Authorised person may grant covenant for later creation of record 57
105 Application of other enactments 58
108 Management of marginal strips 59
Subpart 3—Access to protected sites
109 Right of access to protected sites 59
110 Right of access over unlicensed land 60
111 Right of access to be recorded on records of title 60
Subpart 4—Right of first refusal over RFR land
Restrictions on disposal of RFR land
114 Restrictions on disposal of RFR land 63
Trustees’ right of first refusal
Disposals to others where land remains RFR land
120 Disposal to the Crown or Crown bodies 64
121 Disposal of existing public works to local authorities 65
122 Disposal of reserves to administering bodies 65
Disposals to others where land may cease to be RFR land
123 Disposal in accordance with obligations under enactment or rule of 65
124 Disposal in accordance with legal or equitable obligations 65
125 Disposal under certain legislation 66
126 Disposal of land held for public works 66
127 Disposal for reserve or conservation purposes 66
128 Disposal for charitable purposes 66
130 RFR landowner’s obligations subject to other matters 67
131 Notice to LINZ of RFR land with record of title after settlement 67
132 Notice to trustees of disposal of RFR land to others 68
133 Notice to LINZ of land ceasing to be RFR land 68
Right of first refusal recorded on records of title
135 Right of first refusal to be recorded on records of title for RFR land 69
136 Removal of notations when land to be transferred or vested 69
137 Removal of notations when RFR period ends 70
General provisions applying to right of first refusal
139 Disposal of Crown bodies not affected 70
140 Assignment of rights and obligations under this subpart 70
Administration and procedure of Te Komiti Muriwai o Te Whanga
Notices in relation to RFR land
The Parliament of New Zealand enacts as follows:
This Act is the Ahuriri Hapū Claims Settlement Act 2019.
This Act comes into force on the day after the date on which it receives the 5 Royal assent.
Part 1
Preliminary matters, historical account, acknowledgements and apology, and settlement of historical claims
The purpose of this Act is—
(a) to record the acknowledgements and apology given by the Crown to Ahuriri Hapū in the deed of settlement; and | ||
(b) to give effect to certain provisions of the deed of settlement that settles the historical claims of Xxxxxxx Xxxx. | 10 | |
Provisions to take effect on settlement date | ||
(1) | The provisions of this Act take effect on the settlement date unless stated other- wise. | |
(2) | Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for— | 15 |
(a) the provision to have full effect on that date; or | ||
(b) a power to be exercised under the provision on that date; or | ||
(c) a duty to be performed under the provision on that date. | ||
Act binds the Crown | ||
This Act binds the Crown. | 20 | |
Outline | ||
(1) | This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement. | |
(2) | This Part— | 25 |
(a) sets out the purpose of this Act; and | ||
(b) provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and | ||
(c) specifies that the Act binds the Crown; and | ||
(d) sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ahuriri Hapū, as recorded in the deed of settlement; and | 30 | |
(e) defines terms used in this Act, including key terms such as Ahuriri Hapū and historical claims; and | ||
(f) provides that the settlement of the historical claims is final; and | 35 |
(g) provides for—
(i) the effect of the settlement of the historical claims on the jurisdic- tion of a court, tribunal, or other judicial body in respect of the historical claims; and
(ii) a consequential amendment to the Treaty of Waitangi Act 1975; 5 and
(iii) the effect of the settlement on certain memorials; and
(iv) the exclusion of the law against perpetuities; and
(v) access to the deed of settlement.
(3) Part 2 provides for cultural redress, including— 10
(a) cultural redress that does not involve the vesting of land, namely,—
(i) a requirement that the Minister of Conservation, the Director-
General, and the trustees enter into Xx Xxxx o Papa; and
(ii) protocols for Crown minerals and taonga tūturu on the terms set
out in the documents schedule; and 15
(iii) a statutory acknowledgement by the Crown of the statements made by Xxxxxxx Xxxx of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with deeds of recognition for the
specified areas; and 20
(iv) an overlay classification applying to certain areas of land; and
(v) the provision of official geographic names; and
(b) cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties.
(4) Part 3 provides for the establishment of Te Komiti Muriwai o Te Whanga and 25
its role in relation to Te Muriwai o Te Whanga, which includes the preparation and approval of the Te Muriwai o Te Whanga Plan.
(5) Part 4 provides for commercial redress, including,—
(a) in subpart 1, the transfer of deferred selection properties; and
(b) in subpart 2, the unlicensed land redress; and 30
(c) in subpart 3, the provision of access to protected sites; and
(d) in subpart 4, the right of first refusal over RFR land.
(6) There are 5 schedules, as follows:
(a) Schedule 1 describes the statutory areas to which the statutory acknow- ledgement relates and, in some cases, for which deeds of recognition are 35
issued:
(b) Schedule 2 describes the overlay areas to which the overlay classifica- tion applies:
(c) Schedule 3 describes the cultural redress properties:
(d) Schedule 4 contains administrative and procedural provisions that apply to Te Komiti Muriwai o Te Whanga:
(e) Schedule 5 sets out provisions that apply to notices given in relation to RFR land. 5
Summary of historical account, acknowledgements, and apology of the Crown
Summary of historical account, acknowledgements, and apology | ||
(1) | Section 8 summarises the historical account in the deed of settlement, setting out the basis for the acknowledgements and apology. | |
(2) | Sections 9 and 10 record the text of the acknowledgements and apology given by the Crown to Xxxxxxx Xxxx in the deed of settlement. | 10 |
Summary of historical account | ||
(1) | By the late 1840s, Xxxxxxx Xxxx lived at settlements around Te Whanganui-ā- | |
Orotu and the surrounding area, including Te Poraiti, Wharerangi, Awatoto, | ||
Waitanoa, Kapemaihi, and Pētane. About this time, Ahuriri rangatira began to | 15 | |
consider the advantages that might arise from the promotion of Pākehā settle- | ||
ment in the Ahuriri district and offered land to the Crown for Pākehā settle- | ||
ment. | ||
(2) | In 1850, the Crown opened negotiations with Ahuriri Māori to purchase a large | |
block of land in their xxxx. In order to persuade Ahuriri Māori to accept low | 20 | |
prices, the Crown led them to believe that they would derive considerable | ||
benefits from selling their land to the Crown. In November 1851, the Crown | ||
purchased the Ahuriri block for £1,500. Ahuriri Hapū have long protested that | ||
Te Whanganui-ā-Orotu, a place of high spiritual and cultural significance and | ||
an important mahinga kai, was not included in the Ahuriri purchase. Although | 25 | |
some land was reserved from within the boundaries of the Ahuriri block, the | ||
Crown did not ensure that the reserves would be preserved in Ahuriri Hapū | ||
ownership. | ||
(3) | By 1855, the Crown’s approach to land purchasing south of the Ahuriri block | |
was contributing to tensions among Hawke’s Bay Māori. The Crown was | 30 | |
aware of these tensions but continued negotiations to purchase land in Hawke’s | ||
Bay. In August 1857, armed conflict broke out among Hawke’s Bay Māori. | ||
Fourteen Māori were killed and 39 were wounded in 3 engagements. In 1861, | ||
growing Māori opposition to land sales led the Crown to suspend land purchas- | ||
ing operations in Hawke’s Bay and other districts. | 35 | |
(4) | In October 1866, Crown military forces attacked 2 parties of armed Māori at | |
Ōmarunui and Herepoho after the expiry of an ultimatum demanding the sur- | ||
render of Ōmarunui pā. The Crown captured 86 prisoners after these attacks, | ||
including individuals from Ngāti Matepū and Ngāti Māhu, and sent most of the |
prisoners to the Chatham Islands, where they were detained without trial in harsh conditions for nearly 2 years.
(5) In 1865, the Crown promoted native land laws that provided for title to Māori land to be awarded to no more than 10 individual grantees as absolute owners (the 10-owner rule). Xxxxxxx Xxxx understood the individual grantees to be 5 trustees for their hapū communities. The Native Lands Act 1865 enabled the shares of individual grantees to be alienated without the consent of the other grantees for that block or other customary right-holders whose names were not included on the title. The 1865 Act did not prevent some settlers using practi-
ces such as extending credit to grantees and subsequently acquiring Māori land 10 after securing debt against land titles with mortgages. These practices caused considerable public controversy in Hawke’s Bay. There was some doubt that grantees fully understood the legal implications of the mortgages, leases, and
sales they agreed to.
(6) By 1870, the Crown and private parties had acquired about 51,000 acres of 15 approximately 54,000 acres awarded to Ahuriri Hapū individuals under the 10- owner rule.
(7) In 1867, 1870, and 1873, the Crown introduced legislation that attempted to provide for Māori land titles that better reflected the interests of wider com- munities of right-holders and to remedy problems that had arisen as a result of 20 the 10-owner rule. These remedial measures did not apply to Ahuriri Hapū lands that had already passed through the Native Land Court by 1867 and that
had been alienated by 1870. Over the next 30 years, Xxxxxxx Xxxx protested about land issues through participation in the Repudiation and Kotahitanga movements. These movements sought the review of previous land transactions, 25 the restriction of further land sales, and the reform of the native land laws.
(8) In 1874, Parliament set aside all of Te Whanganui-ā-Orotu as an endowment for the Napier Harbour Board. Parliament did not establish a role for Xxxxxxx Xxxx on the Board. After the 1931 Hawke’s Bay earthquake raised parts of the
bed of Te Whanganui-ā-Orotu above the water level, the Napier Harbour Board 30 leased most of Te Whanganui-ā-Orotu to the Crown, and the Crown com- menced drainage and reclamation work in Te Whanganui-ā-Orotu. The pro- cesses of drainage and reclamation, combined with the diversion of the Tūtae-
kurī River outlet to the sea, reduced Te Whanganui-ā-Orotu (originally approximately 9,500 acres in area) to a narrow tidal channel. Today, the 35 remaining water-covered estuary area amounts to approximately 680 acres at
high tide.
(9) Between about 1900 and 1930, the Crown and private parties acquired most of the remaining lands of Ahuriri Hapū. Ahuriri Hapū state that money raised
from these land sales was often required to meet living costs. By the post-Sec- 40 ond World War period, most Ahuriri Māori had turned to waged employment
to provide the necessities of life. The search for work led many whānau to
leave rural pā and kāinga and settle in urban areas such as Napier and Hastings. This undermined traditional kāinga and pā communities.
Te whakarāpopototanga o ngā kōrero o mua
(1) Xxx xxx ki xxx tau tōmuri o te tekau tau 1840 e noho xxx xxx Hapū o Ahuriri i
ngā kāinga huri noa i Te Whanganui-ā-Orotu me ōna takiwā, tae atu ki Te 5 Poraiti, Wharerangi, Awatoto, Waitanoa, Kapemaihi me Pētane. I taua wā ka tīmata ngā rangatira o Ahuriri ki te whai whakaaro ki ngā painga ka pupū ake
pea i te whakatairanga i tā te Pākehā whakanoho whenua i te takiwā o Ahuriri, ā, ka xxxxxx he whenua ki te Karauna mō te whakanoho whenua e te Pākehā.
(2) I te tau 1850, ka tīmata te Karauna ki te whakariterite me ngā Māori o Ahuriri 10 ki xx xxxx i tētahi poraka whenua rahi i tō rātou xxxx. Kia whakawhere ai i ngā Māori o Ahuriri ki te whakaae ki xxx xxx iti, i kī te Karauna ka whiwhi rātou i
ngā painga nunui i te hokonga o tō rātou whenua ki te Karauna. I te marama o Nōema 1851, i hoko te Karauna i te poraka Ahuriri mō te £1,500. Kua roa xxxx
xxx Hapū o Ahuriri e tautohetohe xxx xxxxx Te Whanganui-ā-Orotu, he wāhi 15 hira ā-wairua, ā-ahurea hoki, he mahinga kai nunui anō hoki, i whai wāhi ki te hokonga o Ahuriri. Ahakoa i rāhuitia ētahi whenua mai i roto i ngā paenga o te poraka Ahuriri, kīhai te Karauna i whakarite ka noho tonu te rangatiratanga o
aua rāhuitanga ki ngā Hapū o Ahuriri.
(3) Xxx xxx ki te tau 1855, ko te āhua i hoko whenua ai te Karauna ki xx xxxx tonga 20 o te poraka Ahuriri tētahi pūtake o ngā mānukanuka i waenga i ngā Māori o Xx Xxxxx-a-Māui. I te aweko te Karauna ki aua mānukanuka engari ka haere tonu
xxx whakariterite ki xx xxxx whenua i Xx Xxxxx-a-Māui. I Akuhata 1857, i pupū ake te kawe a riri i waenga i ngā Māori o Xx Xxxxx-a-Māui. Tekau mā
whā ngā Māori i whakamatea, e 39 i taotū i roto i ētahi whakaanga e toru. I te 25 tau 1861, nā te whakahētanga tipu haere a te Māori ki xx xxxx whenua i hīkina
e te Karauna xxx mahi hoko whenua i Xx Xxxxx-a-Māui me ētahi atu takiwā.
(4) I te marama o Oketopa 1866, i huakina ētahi rōpū Māori mau rākau e rua i Ōmarunui me Herepoho e ngā ope taua o te Karauna i muri i te mōnehutanga o tētahi tauākī whakamutunga i whakahau kia whakahauraro xx xxxxx i roto i te 30 pā o Ōmarunui. Whai xxx xxx i aua āpiti xx xxx hereheretia e 86 e te Karauna,
kei roto ko ētahi nō Ngāti Matepū rāua ko Ngāti Māhu, ā, i xxxxxx te nuinga o aua mauhere ki Wharekauri i puritia ai rātou me te kore whakawā i ngā āhuatanga whakawiri mō tata ki te rua tau.
(5) I te tau 1865, i whakatairanga te Karauna i ngā ture whenua Māori tērā i 35 whakarite kia xxxxxx te kokoraho o ia whenua Māori ki ētahi kaiwhiwhi tekau
iti iho rānei hei kaipupuri mārika (te ture kaipupuri tekau). I whakaaro ngā Hapū o Ahuriri he kaitiaki aua kaiwhiwhi takitahi mō ō rātou hapori hapū. Nā te Ture mō ngā Whenua Māori 1865 i whakaahei te whakawāteatanga o ngā
xxx x xxxx me xxxx kaiwhiwhi me te kore whiwhi whakaaetanga o ērā atu 40 kaiwhiwhi mō taua poraka, o ērā atu kaipupuri motika tuku iho xxxxx xxxxx ō rātou ingoa i whakaurua ki te kokoraho. Kīhai te Ture 1865 i aukati i ngā ritenga a ētahi kaiwhakanoho whenua pēnei i te hoatu moni taurewa ki ngā
kaiwhiwhi me te tango i ngā whenua Māori i muri i te whakaū nama ki ngā kokoraho whenua mā ngā mōkete. Ko aua ritenga he pūtake o te wenerau nui i waenga i ngā iwi whānui i Xx Xxxxx-a-Māui. E ai ki te whakaaro o te wā, kāore pea ētahi kaiwhiwhi i mātau katoa ki ngā rara ā-ture o ngā mōkete, rīhi me ngā hokonga i whakaaetia e rātou. | 5 | |
(6) | Xxx xxx ki te tau 1870 kua riro i te Karauna me ētahi atu hunga kē tata ki te 51,000 eka o te 54,000 eka i whakawhiwhi ki ngā tāngata takitahi nō ngā Hapū o Ahuriri i raro i te ture kaipupuri tekau. | |
(7) | I whakaurua e te Karauna i ngā tau 1867, 1870 me te 1873 he ture i whakamātau ki te whakarato kokoraho whenua Māori i pai ake ai te whakaatu i ngā pānga o te hapori whānui atu o ngā kaipupuri motika, me te whakatika i ngā raruraru kua pupū ake hei mutunga iho o te ture kaipupuri tekau. Kīhai aua ritenga whakatikatika i hāngai ki ngā whenua o ngā Hapū o Ahuriri kua whakatau xxxxx i te Kōti Whakawā Whenua Māori xxx xxx ki te tau 1867, ā, kua whakawāteatia xxx xxx ki te tau 1870. Puta noa i ngā tau toru tekau i whai atu e | 10 15 |
tautohetohe xxx xxx Hapū o Ahuriri mō ngā take whenua mā te whai wāhi ki ngā kaupapa Kōpaetanga me te Kotahitanga. Ko te whai a ēnei rōpū he arotake i ngā whakawhitinga whenua i mua, te aukati i ētahi anō hokonga whenua, me te whakatikatika i ngā ture whenua Māori. | ||
(8) | I te tau 1874 i wehea e te Pāremata xx xxxxx o Te Whanganui-ā-Orotu hei mea tuku iho mā te Poari Whanga o Ahuriri. Kīhai te Pāremata i whakarite tūnga mō ngā Hapū o Ahuriri i roto i te Poari. I muri i tā te rū whenua o Xx Xxxxx-a- Māui hāpainga i ētahi wāhi o te takere o Te Whanganui-ā-Orotu ki runga ake i xx xxx moana i te tau 1931, i rīhitia te nuinga o Te Whanganui-ā-Orotu e te Poari Whanga o Ahuriri ki te Karauna, ka tīmata te Karauna i ngā mahi | 20 25 |
whakaawa me ngā mahi whakawhenua anō i Te Whanganui-ā-Orotu. Nā aua mahi whakaawa me te whakawhenua anō, me te papare i te wahapū o Awa o Tūtaekurī, i whakaitia ai Te Whanganui-ā-Orotu (i tata ki te 9,500 eka te horahanga i mua) ki tētahi hawai whāiti e ngau ai te tai. I ēnei xx xx xxxx 680 eka te horahanga o te wahapū i te paringa o te tai. | 30 | |
(9) | I waenga i te tau 1900 me te tau 1930 i riro i te Karauna me xxx xxxxx kē te nuinga o ngā whenua o ngā Hapū o Ahuriri. Ko te kī a ngā Hapū o Ahuriri whakapau ai te moni i whiwhi i aua hokonga whenua hei utu i te oranga tangata. Xxx xxx ki te wā o te pakanga tuarua o te ao kua tahuri kē te nuinga o ngā Māori o Ahuriri ki te whiwhi mahi e utua xxx kia āhei ai te utu i ngā mea | 35 |
hiahia noa o te oranga. Nā taua rapunga mahi i xxxx xx te maha o ngā whānau i ngā pā me ngā kāinga o te tuawhenua ki te noho i xxx xxxxx o Ahuriri me Heretaunga. Nā tēnei i whakaruhi ngā hapori o ngā pā me ngā kāinga taketake. | ||
Acknowledgements | ||
(1) | The Crown acknowledges that Xxxxxxx Xxxx sought to establish ongoing and mutually beneficial relationships with the Crown after 1840, and that, as Treaty partners, Ahuriri Hapū have fulfilled their obligations under the Treaty of Wai- | 40 |
tangi. The Crown further acknowledges that it has failed to deal with the long- standing and legitimately held grievances of Ahuriri Hapū in an appropriate way and that recognition of these grievances is long overdue. Accordingly, the Crown now makes the following acknowledgements.
(2) The Crown acknowledges that— 5
(a) it sought to purchase the Ahuriri block, which encompassed a significant portion of the xxxx of Ahuriri Hapū and included important resource- gathering and wāhi tapu sites, for the lowest price Māori would accept; and
(b) Ahuriri Hapū did not receive the full, ongoing benefits from European 10
settlement that the Crown led them to expect if they agreed to sell the Ahuriri block for the price the Crown offered; and
(c) the Crown failed to ensure that adequate reserves from the Ahuriri pur- chase were protected in Ahuriri Hapū ownership, and this was a breach
of the Treaty of Waitangi and its principles. 15
(3) The Crown further acknowledges that—
(a) Xxxxxxx Xxxx, including individuals involved in the Ahuriri transaction, have long protested that Te Whanganui-ā-Orotu was not included in the Ahuriri purchase and that Xxxxxxx Xxxx never willingly relinquished
their rangatiratanga over Te Whanganui-ā-Orotu; and 20
(b) Xxxxxxx Xxxx retained rights and interests in Te Whanganui-ā-Orotu after 1851, but the Crown did not ensure that Ahuriri Hapū were given a role in the administration of Te Whanganui-ā-Orotu for many decades; and
(c) in 1932, Parliament recognised 6 islands in Te Whanganui-ā-Orotu as Māori customary land, as if they had not been included in the Ahuriri 25
purchase; and
(d) the 6 islands in Te Whanganui-ā-Orotu were subsequently vested in Ahuriri Hapū ownership and then compulsorily acquired without any consultation or payment of compensation to Ahuriri Hapū; and
(e) the authorities in which the Crown vested Te Whanganui-ā-Orotu after 30
1851 have derived significant benefits from the endowment lands reclaimed from Te Whanganui-ā-Orotu after the Hawke’s Bay earth- quake; and
(f) for Ahuriri Hapū, the Crown’s exercise of ownership and control over Te Whanganui-ā-Orotu from 1851 has been the source of deeply felt and 35
longstanding grievances.
(4) The Crown acknowledges that—
(a) it negotiated to purchase contested lands in Hawke’s Bay, including the Aorangi, Ōtaranga, and Maraekākaho blocks, despite being aware that
its approach to land purchase negotiations was provoking tensions that 40
might lead to conflict among Māori who asserted interests in the blocks; and
(b) these tensions led to armed conflict among Hawke’s Bay Māori, includ- ing some of the Ahuriri Hapū, in 1857; and
(c) the Crown’s failure to adequately investigate customary ownership when 5 it purchased these lands was a breach of the Treaty of Waitangi and its principles.
(5) The Crown acknowledges that—
(a) in 1866 it issued an unreasonable ultimatum demanding the surrender of
all those inside Ōmarunui, including individuals from Ngāti Matepū and 10 Ngāti Māhu, rather than continue negotiations to preserve the peace; and
(b) Crown forces endangered the lives of all men, women, and children inside the pā by attacking Xxxxxxxx when the ultimatum expired; and
(c) Crown forces killed more than 30 people who were defending them- selves at Ōmarunui and during another Crown attack at Herepoho; and 15
(d) the attacks at Ōmarunui and Herepoho were an injustice and breached the Treaty of Waitangi and its principles.
(6) The Crown acknowledges that the detention of individuals from Ngāti Matepū and Ngāti Māhu on the Chatham Islands without trial in harsh conditions for
nearly 2 years was an injustice and a breach of the Treaty of Waitangi and its 20
principles.
(7) The Crown acknowledges that—
(a) it did not consult Xxxxxxx Xxxx before introducing native land laws that provided for the individualisation of Ahuriri Hapū land previously held collectively in hapū tenure; and 25
(b) between 1866 and 1869, the Native Land Court awarded ownership of a number of land blocks in the Ahuriri Hapū xxxx, totalling more than 50,000 acres, to 10 or fewer individuals in each case; and
(c) Xxxxxxx Xxxx understood these individuals to be trustees for their hapū communities, but the native land laws did not prevent nearly all of this 30
land from being alienated without the consent of the wider community of right-holders who were thereby dispossessed of their interests in these lands; and
(d) it did not take effective steps to prevent this dispossession before most of these lands had been alienated; and 35
(e) this meant the operation of the native land laws in these blocks did not reflect the Crown’s obligation to actively protect the interests of Ahuriri Hapū in land they may otherwise have wished to retain, and this was a breach of the Treaty of Waitangi and its principles.
(8) The Crown acknowledges that the operation and impact of the native land laws, in particular the awarding of land to individuals rather than iwi or hapū, made Ahuriri Hapū lands more susceptible to partition, fragmentation, and ali- enation. This contributed to the erosion of the tribal structures of Ahuriri Hapū, which were based on collective tribal custodianship of land. The Crown’s fail- 5 ure to protect the tribal structures of Ahuriri Hapū was a breach of the Treaty of Waitangi and its principles.
(9) The Crown acknowledges the significant efforts of Xxxxxxx Xxxx to resist land sales and reform the native land laws through their involvement in inter-tribal
political movements from the 1870s through to the 1890s. The Crown further 10 acknowledges that it did not always recognise or respond to the issues raised
by these movements, and this has been a source of lasting grievance for Xxxxxxx Xxxx.
(10) The Crown acknowledges that the compulsory taking of ancestral riparian land
at Waiōhiki has had a detrimental effect on Ahuriri Hapū access to and rela- 15 tionship with the Tūtaekurī River.
(11) The Crown acknowledges the importance of Te Whanganui-ā-Orotu as a source of physical and spiritual sustenance for Ahuriri Hapū, and that for Ahur- iri Hapū Te Whanganui-ā-Orotu is a taonga of great significance. The Crown
further acknowledges that dredging, reclamation, and pollution have had a 20 damaging impact on the fish, shellfish, and other kai moana resources in Te Whanganui-ā-Orotu, and generations of Ahuriri Hapū have endured pain and hardship as a result of the loss of this formerly abundant resource.
(12) The Crown acknowledges that—
(a) environmental modification and urban development in the Ahuriri Hapū 25 xxxx, including Te Whanganui-ā-Orotu, has damaged and destroyed
wāhi tapu; and
(b) Ahuriri Hapū have lost access to many sites of cultural and spiritual sig- nificance; and
(c) the loss of wāhi tapu and erosion of the ability to exercise kaitiakitanga 30 and other rights and responsibilities over these taonga has been a source
of distress for Ahuriri Hapū.
(13) The Crown acknowledges that the cumulative effect of Crown purchasing and the operation of the native land laws, particularly the operation of the 10-owner
rule, contributed to Xxxxxxx Xxxx being left virtually landless by about 1930. 35 The Crown’s failure to ensure that Ahuriri Hapū retained sufficient land for
their present and future needs was a breach of the Treaty of Waitangi and its principles. This had a devastating impact on the economic, social, and cultural well-being and development of Ahuriri Hapū, and undermined their ability to
protect and manage their natural resources and other taonga, including te reo 40 Māori, and to maintain spiritual connections to their lands.
(14) The Crown acknowledges that for too long Xxxxxxx Xxxx have lived with poorer housing, lower rates of educational achievement, and worse health than many other New Zealanders. The Crown further acknowledges the longstand- ing dissatisfaction Ahuriri Hapū have felt about the provision of hospital and
health services for Māori in Napier. 5
(15) The Crown acknowledges the contribution of Xxxxxxx Xxxx, over many years, to New Zealand. In particular, the Crown pays tribute to—
(a) the service of Ahuriri Hapū in the relief effort that followed the Hawke’s Bay earthquake; and
(b) the sacrifices Xxxxxxx Xxxx made for New Zealand’s overseas wars in 10
the twentieth century.
Ngā Whakaaetanga
(1) Kei te whakaae te Karauna i xxxxx xxx Hapū o Ahuriri ki te whakapūmau i te whanaungatanga haere tonu i matarua ai ngā painga, ki te Karauna i muri i te
tau 1840, ā, kua tutuki ngā Hapū o Ahuriri, hei hoa Tiriti, ō rātou here i raro i te 15
Tiriti o Waitangi. Kei te whakaae anō te Karauna i rahua xxxx whakatutuki i ngā whakamau mauroa, tōtika hoki o ngā Hapū o Ahuriri i runga i te tika, ā, he tino tōmuri xxxx xxxx whakaae ki aua whakamau. Nā reira, e pēnei xxx xxx whakaaetanga a te Karauna.
(2) Kei te whakaae te Karauna— 20
(a) i aru ki xx xxxx mai i te poraka Ahuriri, i roto ko te wāhanga nui o xx xxxx o xxx Hapū o Ahuriri me te maha o xxx xxx hira mō te kohikohi rawa me xxx xxxx tapu, mō te utu iti xxxx xx whakaaetia e te Māori;
(b) xxxxx xxx Hapū o Ahuriri i whiwhi i ngā painga haere xxxx xxxxx mai i tā
te Pākehā whakanoho whenua tērā i kī te Karauna ka tūmanakohia e 25
rātou xxxx xx whakaae ki xx xxxx atu i te poraka Ahuriri mō te utu i xxxxxx e te Karauna; ā,
(c) i rahua e te Karauna te whakarite kia xxx xxxx i xxx Hapū o Ahuriri te rangatiranga o ngā rāhuitanga rawaka i te hokonga o Ahuriri, ā, he takahitanga tēnei o te Tiriti o Waitangi me ōna mātāpono. 30
(3) Kei te whakaae anō hoki te Karauna—
(a) Kua roa xxxx xxx Hapū o Ahuriri, tae atu ki ngā tāngata i whai wāhi ai ki te hokonga atu o Ahuriri, e tautohetohe xxx xxxxx i whakaurua Te Whanganui-ā-Orotu ki roto i te hokonga atu i Ahuriri, ā, kīhai xxxx xxx
Hapū o Ahuriri i hiahia ki te tuku i tō rātou rangatiranga ki runga i Te 35
Whanganui-ā-Orotu;
(b) i pupuri ngā Hapū o Ahuriri i xxx xxxxxx me xxx pānga ki Te Whanganui-ā-Orotu i muri i te tau 1851, engari kīhai te Karauna i whakarite kia whai tūnga ngā Hapū o Ahuriri ki te whakahaerenga o Te Whanganui-ā-Orotu mō te hia tekau tau; 40
(c) i te tau 1932 ka āhukahukatia e te Pāremata e 6 ngā motu i Te Whanganui-ā-Orotu hei whenua Māori tuku iho, me te mea nei kāore i te whai wāhi ki te hokonga o Ahuriri;
(d) i muri iho ka tauria aua motu e 6 i Te Whanganui-ā-Orotu ki raro i te rangatiratanga o ngā Hapū o Ahuriri, kātahi ka tango whakaturetia kāore 5 he whakawhitiwhi kōrero, xxxxx xxxxx he utu ki ngā Hapū o Ahuriri;
(e) he nui ngā painga ōhanga mai i ngā whenua tuku iho i tāmatatia i Te Whanganui-ā-Orotu i muri i te rū whenua i Xx Xxxxx-a-Māui, i riro i muri 1851 i ngā mana i tauria ai Te Whanganui-ā-Orotu e te Karauna; ā,
(f) mō ngā Hapū o Ahuriri, ko te ekengia o xxxx mana e te Karauna me nga 10 whakahaerenga a te Karauna e pā xxx ki Te Whanganui-ā-Orotu mai i te
tau 1851 te pūtake o ngā mamae ngau kino, xxxxxx xxx xxxx.
(4) Kei te whakaae te Karauna—
(a) i whakarite ki xx xxxx i ētahi whenua e tautohea xxx i Xx Xxxxx-a-Māui,
tae atu ki ngā poraka o Aorangi, Ōtaranga me Maraekākaho, ahakoa i te 15 mōhio e pātaritari xxx xxxx huarahi mō te whakarite hokonga whenua i
ngā mānukanuka ko xx xxxxxxx iho pea ka pupū te papā i waenga i ngā Māori e tāpae kōrero xxx mō ō rātou pānga ki aua poraka;
(b) nā aua mānukanuka i pupū ake te kawe a riri i waenga i ngā Māori o Xx Xxxxx-ā-Māui, tae atu ki ētahi o ngā Hapū o Ahuriri, i te tau 1857; ā, 20
(c) i takahia te Tiriti o Waitangi me ōna mātāpono e te kore tika o tā te Karauna rangahau i te rangatiratanga tuku iho i xxxx hokonga mai o aua whenua.
(5) Kei te whakaae te Karauna—
(a) i tuku i te tau 1866 i tētahi tauākī whakamutunga kutikuti i whakahau kia 25
whakahauraro xx xxxxx i roto i Ōmarunui, tae atu ki ngā tāngata nō Ngāti Matepū rāua ko Ngāti Māhu, mahue atu te whakariterite haere tonu i te hohou rongo; ā,
(b) he mea whakamōrea ngā oranga o xxx xxxx, wāhine, tamariki katoa i roto
i te pā e te whakaekenga o Ōmaruni i te mōnehutanga o te tauākī 30
whakamutunga; ā,
(c) i whakamatea e te Karauna neke atu i te 30 tāngata e wawao xxx i a rātou anō i Ōmarunui, i tētahi atu whakaekenga o te Karauna i Herepoho; ā,
(d) he mahi tūkino ngā whakaekenga o Ōmarunui me Herepoho me te takahi
i te Tiriti o Waitangi me ōna mātāpono. 35
(6) Kei te whakaae te Karauna he mahi tūkino me te takahitanga o te Tiriti o Waitangi me ōna mātāpono te whakarau tāngata nō Ngāti Matepū rāua ko Ngāti Māhu i ngā āhuatanga whakawiri ki Te Wharekauri me te kore whakawā mō tata ki te 2 tau.
(7) Kei te whakaae te Karauna— 40
(a) kīhai i whakawhitiwhiti kōrero ki ngā Kōti Whakawā Whenua Māori i mua i te whakauru i ngā ture whenua Māori tērā i tuku i te whakatakitahitanga o ngā whenua o ngā Hapū o Ahuriri i puritia tōpūtia e ngā hapū i mua; ā,
(b) i waenga i te tau 1866 me te tau 1869 i xxxxxx e te Kōti Whakawā 5 Whenua Māori te rangatiranga o ētahi poraka whenua i xx xxxx o xxx Hapū o Ahuriri, xxx xxxxx neke atu i te 50,000 eka, ki te 10 iti iho xxxxx
xxx tāngata takitahi mō ia poraka; ā,
(c) i whakaaro ngā Hapū o Ahuriri he kaitiaki aua tāngata takitahi mō ō rātou hapori hapū engari xxxxx xxx ture whenua Māori i ārai i te 10 whakawāteatanga o tata ki xx xxxxx o ēnei whenua me te kore whakaaetanga o te hapori whānui ake o ngā kaipupuri motika, ā, ko xx xxxxxxx iho he mea raupatu ō rātou pānga ki aua whenua; ā,
(d) kīhai i whaitake xxx mahi ki te ārai i tēnei raupatutanga i mua i te whakawāteanga o te nuinga o aua whenua; ā, 15
(e) ko te tikanga o tēnei kīhai i tutuki i te whakahaerenga o ngā ture whenua Māori i aua poraka te here a te Karauna ki te āta tiaki i ngā pānga o ngā Hapū o Ahuriri ki ngā whenua tērā kē i hiahia pea ki te pupuri, ā, he takahitanga tēnei o te Tiriti o Waitangi me ōna mātāpono.
(8) Kei te whakaae te Karauna he mea whakarite e te mahinga me te pānga o ngā 20
ture whenua Māori, ina koa te tuku i ngā poraka ki ngā tāngata takitahi, kaua ki te iwi, ngā hapū rānei, kia kaha ake te pā o te roherohe, te whakawehewehe me te whakawāteatanga ki ngā whenua o ngā Hapū o Ahuriri. I whai wāhi tēnei ki te memeha haere o ngā hanganga ā-iwi o ngā Hapū o Ahuriri, tērā e ahu xxx
xxx i tō te iwi kaitiakitanga tōpū o te whenua. Ko tā te Karauna rahunga ki te 25
tiaki i ngā hanganga ā-iwi o ngā Hapū o Ahuriri he takahitanga o te Tiriti o Waitangi me ōna mātāpono.
(9) Kei te āhukahuka te Karauna i ngā mahi nunui a ngā Hapū o Ahuriri ki te ātete i xx xxxx whenua me te whakahou i ngā ture whenua Māori mā ā rātou whai
wāhi ki ngā kaupapa tōrangapū whakawhiti iwi mai i ngā tau o 1870 ki ngā tau 30
o 1890. Kei te whakaae anō hoki te Karauna kīhai i tautohu, i urupare rānei i ngā wā katoa ki ngā take i kōkiritia e aua kuhunga tōrangapū, ā, he pūtake tērā
o te whakamau mauroa ki ngā Hapū o Ahuriri.
(10) Kei te whakaae te Karauna he kino te pānga o te tango whakature i ngā whenua pārengarenga tuku iho i Waiōhiki ki te āhei me te hononga o ngā Hapū o 35
Ahuriri ki te Awa o Tūtaekurī.
(11) Kei te āhukahuka te Karauna i te hiranga o Te Whanganui-ā-Orotu hei puna ora, puna wairua hoki ki ngā Hapū o Ahuriri, ā, ki ngā Hapū o Ahuriri anō hoki he tino taonga Te Whanganui-ā-Orotu. Kei te whakaae anō hoki te Karauna he
kino te pānga o te rou takere, te whakawhenua anō, me te parakino ki ngā ika, 40
mātaitai, me ērā atu rawa kai moana i Te Whanganui-ā-Orotu, ā, e xxxxxx xxx
xxx whakatipuranga maha o ngā Hapū o Ahuriri e te mamae me te whakawiringa nā te ngaromanga o tēnei rawa pūkahu o mua.
(12) Kei te whakaae te Karauna—
(a) kua tūkinotia, kua hoepapatia ētahi wāhi tapu i xx xxxx o xxx Hapū o Ahuriri, tae atu ki Te Whanganui-ā-Orotu, e te hurihanga o te taiao me te 5 whakawhanaketanga ā-tāone;
(b) kua ngaro i ngā Hapū o Ahuriri tō rātou āhei ki xxx xxx hira ā-ahurea, ā- wairua hoki; ā,
(c) he mātāpuna kohuki tonu ki ngā Hapū o Ahuriri te ngaromanga o xxx
xxxx tapu me te memeha haere o te kaha whakatutuki i te kaitiakitanga 10 me ētahi atu motika, kawenga anō hoki e pā xxx ki aua taonga.
(13) Kei te whakaae te Karauna i whai xxxx xx pānga tāpiripiri o ngā mahi hoko whenua a te Karauna me te whakahaere i ngā ture whakawā whenua Māori, ina koa te whakahaerenga o te ture kaipupuri whenua 10, ki te korenga o tata ki xx
xxxxx o xxx whenua o ngā Hapū o Ahuriri xxx xxx ki te tau 1930. Ko tā te 15 Karauna rahunga ki te whakarite kia xxx xxxx i xxx Hapū o Ahuriri ngā whenua rawaka mō ō ratou hiahia o nāianei, mō āpōpō hoki, he takahitanga o
te Tiriti o Waitangi me ōna mātāpono. He pānga whakaiki tō tēnei ki te oranga me te whanaketanga ā-ōhanga, ā-xxxxxx, ā-ahurea hoki o ngā Hapū o Ahuriri,
me te whakaruhi i tō rātou kaha ki te tiaki me te whakahaere i ō rātou rawa o te 20 taiao me ētahi atu taonga, tae atu ki te reo Māori, me xx xxx tonu ki ō rātou hononga ā-wairua ki ō rātou whenua.
(14) Kei te whakaae te Karauna kua roa xxxx xxx Hapū o Ahuriri e noho xxx i xxx whare kino ake, kua whiwhi i ngā paetae mātauranga iti iho, kua kino ake tō rātou hauora, i te nuinga o ērā atu tāngata o Aotearoa. I tua atu kei te whakaae 25 te Karauna ki te whakaahu mauroa o ngā Hapū o Ahuriri mō te whakaratonga o
ngā ratonga hōhipera, hauora anō hoki ki ngā Māori i Ahuriri.
(15) Kei te āhukahuka te Karauna i ngā takoha nā ngā Hapū o Ahuriri mō te hia tau ki a Aotearoa. Ina koa, kei te whakamihi te Karauna—
(a) i ngā mahi whakamāmā nā ngā Hapū o Ahuriri i muri tonu iho i te rū 30 whenua i Xx Xxxxx-a-Māui; ā,
(b) i ērā o ngā Hapū o Ahuriri i xxxxx i xx xxx o te riri i ngā pakanga i tāwāhi i te rautau rua tekau.
The Crown makes this apology to Ahuriri Hapū, to their tipuna, and to their 35 mokopuna.
“(a) For generations, the relationship between the Crown and Ahuriri Hapū has not fulfilled Ahuriri Hapū expectations of a mutually beneficial part- nership. Crown acts and omissions have hurt Xxxxxxx Xxxx and caused
long-held and deeply felt grievances. Xxxxxxx Xxxx have pursued their 40 claims for justice and redress from the Crown over many decades, but
the Crown has failed, until now, to find an appropriate way to respond to them.
(b) The Crown profoundly regrets its many failures to live up to its obliga- tions under the Treaty of Waitangi in its dealings with Ahuriri Hapū, and unreservedly apologises for the immense damage caused by its breaches 5 of the Treaty of Waitangi and its principles.
(c) The Crown is deeply remorseful for the prejudice it created by purchas- ing so much Xxxxxxx Xxxx land in the 1850s, and for using divisive pur- chasing methods that involved Xxxxxxx Xxxx in conflict. The Crown
deeply regrets that many Xxxxxxx Xxxx were dispossessed by the oper- 10 ation of the 10-owner rule. The Crown solemnly apologises for its policies, acts, and omissions that have left Ahuriri Hapū virtually land-
less, and for the severe impacts the loss of ancestral lands and resources has had on the capacity of Ahuriri Hapū for economic and social devel-
opment, and physical, cultural, and spiritual well-being. 15
(d) For too long, the Crown has failed to recognise the special relationship between Xxxxxxx Xxxx and their taonga, Te Whanganui-ā-Orotu. The Crown profoundly regrets the distress and anguish generations of Ahur- iri Hapū have endured due to the Crown’s acts and omissions in relation
to Te Whanganui-ā-Orotu. 20
(e) Through this settlement and this apology the Crown seeks to atone for its past wrongs and begin the process of healing. The Crown looks forward to building a new, positive, and enduring relationship with Xxxxxxx Xxxx that fulfils the expectations of their tipuna and mokopuna, a relationship
based on mutual trust, partnership, and respect for the Treaty of Waitangi 25
and its principles.”
Te Whakapāha
Ko tēnei te whakapāha a te Karauna ki ngā Hapū o Ahuriri, ki ō rātou tīpuna, ki ā rātou mokopuna.
“(a) | Puta noa i ngā whakatipuranga xxxx xxxxx i tutuki i te whanaungatanga i waenga i te Karauna me ngā Hapū o Ahuriri ngā tūmanakohanga o te kōtuitanga e matarua ai ngā painga. Nā ngā mahi me ngā hapa a te Karauna i pupū ake te mamae ki ngā Hapū o Ahuriri me ngā whakamau mauroa, xxxx xxxx kino nei hoki. Kua pau i ngā Hapū o Ahuriri ngā tekau taha maha ā rātou kerēme mō te tika me te whakatika hapa te | 30 35 |
whai, engari i rahua tonutia e te Karauna, xxx xxx mai ki nāianei, xx xxxx i te huarahi tōtika ki te urupare ki aua mahi me aua hapa. | ||
(b) | E kaha pōuri xxx te Karauna mō ōna rahunga maha ki te whakatutuki i ōna here i raro i te Tiriti o Waitangi mā xxx mahi me ngā Hapū o Ahuriri, ā, e whakapāha xxx me te kore here mō ngā tūkino nunui rawa i puta mai | 40 |
i ōna takahitanga i Te Tiriti o Waitangi me ōna mātāpono. |
(c) E kaha hinapōuri xxx te Karauna mō te whakatoihara i ahu mai i xxx hokonga i te nunui rawa o ngā whenua o ngā Hapū o Ahuriri i te tekau tau o 1850, mō te whakamahi anō hoki i ngā tikanga hokohoko whakawehewehe ko xx xxxxxxx iho i whai wāhi ai ngā Hapū o Ahuriri
ki te kawe a riri. E kaha pōuri xxx te Karauna mō ngā mahi o te ture 5 rangatira tekau i raupatutia ai ngā whenua o te maha o ngā Hapū o Ahuriri. E āta whakapāha xxx te Karauna mō xxx kaupapahere, mahi, hapa hoki ko xx xxxxxxx iho kua tata kore nei ngā whenua o ngā Hapū o Ahuriri. E āta whakapāha xxx xxxx mō xxx xxxxxxx taumaha o te
ngaromanga o ngā whenua me xxx xxxx tuku iho ki te kaha o ngā Hapū 10 o Ahuriri ki te whakawhanake ā-ōhanga, ā-xxxxxx, ki tō rātou oranga ā- tinana, ā-ahurea, ā-wairua anō hoki.
(d) Kua roa rawa te Karauna e kōroiroi xxx me te kore āhukahuka i te hononga motuhake i waenga i ngā Hapū o Ahuriri me tō rātou taonga, Te Whanganui-ā-Orotu. E kaha pōuri xxx te Karauna mō te mamae me te 15 kohuki i pā ki ngā whakatipuranga o ngā Hapū o Ahuriri nā ngā mahi me
ngā hapa a te Karauna e pā xxx ki Te Whanganui-ā-Orotu.
(e) Mā tēnei whakataunga me tēnei whakapāhatanga e rīpenetā xxx te Karauna mō ōna mahi hē i mua, me te whai kia tīmataria te wā hei whakaoratanga anō. E xxxxx xxx e te Karauna te hanga i tētahi 20 whanaungatanga hou, takatika, pūmau hoki ki ngā Hapū o Ahuriri tērā e
ea ai ngā tūmanakohanga o ō rātou tīpuna me ā rātou mokopuna, he whanauangatanga e ahu xxx xxx i te whakawhirinaki matarua, te kōtui haere, me te whakaute i te Tiriti o Waitangi me ōna mātāpono.”
11 Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
In this Act, unless the context otherwise requires,— 30
administering body has the meaning given in section 2(1) of the Reserves Act 1977
attachments means the attachments to the deed of settlement
Commissioner of Crown Lands means the Commissioner of Crown Lands appointed in accordance with section 24AA of the Land Act 1948 35
consent authority has the meaning given in section 2(1) of the Resource Man- agement Act 1991
conservation area has the meaning given in section 2(1) of the Conservation Act 1987
conservation legislation means—
(a) the Conservation Act 1987; and
(b) the enactments listed in Schedule 1 of that Act
conservation management plan has the meaning given in section 2(1) of the Conservation Act 1987 5
conservation management strategy has the meaning given in section 2(1) of the Conservation Act 1987
Crown has the meaning given in section 2(1) of the Public Finance Act 1989
cultural redress property has the meaning given in section 65
deed of recognition— 10
(a) means a deed of recognition issued under section 41 by—
(i) the Minister of Conservation and the Director-General; or
(ii) the Commissioner of Crown Lands; and
(b) includes any amendments made under section 41(4)
deed of settlement— 15
(a) means the deed of settlement dated 2 November 2016 and signed by—
(i) the Honourable Xxxxxxxxxxx Xxxxxxxxx, Minister for Treaty of Waitangi Negotiations, and the Honourable Xxxxx Xxxxxxx Xxx- xxxx, Minister of Finance, for and on behalf of the Crown; and
(ii) Rururarau Xxxxxx Xxxx, Xxxxxxxx Xxxx Horiana Xxxx-Xxxxxx, 20
Xxxxx Xxxxxxx Xxxxx-Xxxx, Xxxxxxxx Xxxxx Xxxxxxxx Xxxxx-Xxxxxxx, Xxxxxxxx Xxxxxx Xxxxxxxx, Xxxxxx Xxxxxxx Xx Xxxxxx Xxxxxx, Xxxxx Xxxxxxx, Xxxxx Xxxxx Xxxxxx, and Xxxxx Xxxx Xxxxxx, for and on behalf of Xxxxxxx Xxxx; and
(iii) Rururarau Xxxxxx Xxxx, Xxxxxxxx Xxxx Horiana Xxxx-Xxxxxx, 25
Xxxxx Xxxxxxx Xxxxx-Xxxx, Xxxxxxxx Xxxxx Xxxxxxxx Xxxxx-Xxxxxxx, Xxxxxxxx Xxxxxx Xxxxxxxx, Xxxxxx Xxxxxxx Xx Xxxxxx Xxxxxx, Xxxxx Xxxxxxx, Xxxxx Xxxxx Xxxxxx, and Xxxxx Xxxx Xxxxxx, being the trustees of the Mana Ahuriri Trust; and
(b) includes— 30
(i) the schedules of, and attachments to, the deed; and
(ii) any amendments to the deed or its schedules and attachments deferred selection property has the meaning given in section 100 Director-General means the Director-General of Conservation
documents schedule means the documents schedule of the deed of settlement 35
effective date means the date that is 6 months after the settlement date
historical claims has the meaning given in section 14
interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property
LINZ means Land Information New Zealand
Xxxx Xxxxxxx Trust means the trust of that name established by a trust deed dated 24 September 2016 5
member of Ahuriri Hapū means an individual referred to in section 13(1)(a)
national park management plan has the meaning given to management plan in section 2 of the National Parks Act 1980
overlay classification has the meaning given in section 46 10
property redress schedule means the property redress schedule of the deed of settlement
record of title has the meaning given in section 5(1) of the Land Transfer Act 2017
Registrar-General has the meaning given to Registrar in section 5(1) of the 15
Land Transfer Act 2017
representative entity means—
(a) the trustees; and
(b) any person, including any trustee, acting for or on behalf of—
(i) the collective group referred to in section 13(1)(a); or 20
(ii) 1 or more members of Xxxxxxx Xxxx; or
(iii) 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c)
reserve has the meaning given in section 2(1) of the Reserves Act 1977
resource consent has the meaning given in section 2(1) of the Resource Man- 25 agement Act 1991
RFR means the right of first refusal provided for by subpart 4 of Part 4
RFR land has the meaning given in section 113
settlement date means the date that is 40 working days after the date on which
this Act comes into force 30
statutory acknowledgement has the meaning given in section 32
tikanga means customary values and practices
trustees of the Mana Ahuriri Trust and trustees mean the trustees, acting in their capacity as trustees, of the Mana Ahuriri Trust
working day means a day other than— 35
(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day:
(b) if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the follow- ing Monday:
(c) a day in the period commencing with 25 December in any year and end- ing with the close of 15 January in the following year:
(d) the days observed as the anniversaries of the provinces of Hawke’s Bay 5 and Wellington.
Meaning of Ahuriri Hapū | ||
(1) | In this Act, Xxxxxxx Xxxx— | |
(a) means the collective group composed of individuals who are descended from an ancestor of Ahuriri Hapū; and | 10 | |
(b) includes those individuals; and | ||
(c) includes any whānau, hapū, or group to the extent that it is composed of those individuals, including the following groups: | ||
(i) Ngāti Hinepare: | ||
(ii) Ngāti Māhu: | 15 | |
(iii) Ngāti Matepū: | ||
(iv) Ngāti Paarau (which includes Ngāi Tahu Ahi): | ||
(v) Ngāi Tāwhao: | ||
(vi) Ngāti Tū: | ||
(vii) Xxxx Xx Ruruku. | 20 | |
(2) | In this section and section 14,— | |
ancestor of Ahuriri Hapū means an individual who— | ||
(a) exercised customary rights by virtue of being descended from— | ||
(i) Hikateko (for Ngāti Hinepare); or | ||
(ii) Tumahuki (for Ngāti Māhu); or | 25 | |
(iii) Te Atawhaki or Te Putanga-Ō-Te Rangi (for Ngāti Matepū); or | ||
(iv) Hikawera II (for Ngāti Paarau (which includes Ngāi Tahu Ahi)); or | ||
(v) Tāwhao (for Ngāi Tāwhao); or | ||
(vi) Tūkapua I (for Ngāti Tū); or | 30 | |
(vii) Wharerakau or Te Hiku (for Xxxx Xx Ruruku); or | ||
(viii) any other recognised ancestor of a group referred to in part 9 of the deed of settlement; and | ||
(b) exercised the customary rights predominantly in relation to the area of interest at any time after 6 February 1840 | 35 |
area of interest means the area shown as the Ahuriri Hapū area of interest in part 1 of the attachments
customary rights means rights exercised according to tikanga Māori, includ- ing—
(a) rights to occupy land; and 5
(b) rights in relation to the use of land or other natural or physical resources
descended means that a person is descended from another person by—
(a) birth; or
(b) legal adoption; or
(c) Māori customary adoption in accordance with Ahuriri Hapū tikanga. 10
Meaning of historical claims | ||
(1) | In this Act, historical claims— | |
(a) means the claims described in subsection (2); and | ||
(b) includes the claims described in subsection (3); but | ||
(c) does not include the claims described in subsection (4). | 15 | |
(2) | The historical claims are every claim that Ahuriri Hapū or a representative | |
entity had on or before the settlement date, or may have after the settlement | ||
date, and that— | ||
(a) is founded on a right arising— | ||
(i) from the Treaty of Waitangi or its principles; or | 20 | |
(ii) under legislation; or | ||
(iii) at common law (including aboriginal title or customary law); or | ||
(iv) from a fiduciary duty; or | ||
(v) otherwise; and | ||
(b) arises from, or relates to, acts or omissions before 21 September 1992— | 25 | |
(i) by or on behalf of the Crown; or | ||
(ii) by or under legislation. | ||
(3) | The historical claims include— | |
(a) a claim to the Waitangi Tribunal that relates exclusively to Ahuriri Hapū | ||
or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim: | 30 |
(i) Wai 55 (Te Whanganui-ā-Orotu/Napier Inner Harbour claim):
(ii) Wai 168 (Tūtaekurī River/Waiōhiki lands claim):
(iii) Wai 732 (Pētane block claim); and
(b) every other claim to the Waitangi Tribunal, including each of the follow- ing claims, to the extent that subsection (2) applies to the claim and the claim relates to Ahuriri Hapū or a representative entity:
(i) Wai 191 (Tarawera confiscation claim):
(ii) Wai 201 (Wairoa ki Wairarapa claims): 5
(iii) Wai 216 (Xx Xxxxx and Pakaututu blocks claim):
(iv) Wai 299 (Mōhaka–Waikare raupatu/confiscation claim):
(v) Wai 382 (Kāweka Forest Park claim):
(vi) Wai 400 (Ahuriri block claim):
(vii) Wai 595 (Heretaunga aquifer claim): 10
(viii) Wai 610 (Ōmarunui lands claim):
(ix) Wai 692 (Napier Hospital and health services claim):
(x) Wai 852 (Ngāti Kahungunu petroleum claim):
(xi) Wai 1232 (Ngāti Kere Heretaunga and Tamatea lands and resources claim). 15
(4) However, the historical claims do not include—
(a) a claim that a member of Xxxxxxx Xxxx, or a whānau, hapū, or group referred to in section 13(1)(c), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an
ancestor of Xxxxxxx Xxxx; or 20
(b) a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
(5) A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement
date. 25
Historical claims settled and jurisdiction of courts, etc, removed
Settlement of historical claims final | ||
(1) | The historical claims are settled. | |
(2) | The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims. | 30 |
(3) | Subsections (1) and (2) do not limit the deed of settlement. | |
(4) | Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in | 35 |
respect of— | ||
(a) the historical claims; or |
(b) the deed of settlement; or
(c) this Act; or
(d) the redress provided under the deed of settlement or this Act.
(5) Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of 5 settlement or this Act.
Amendment to Treaty of Waitangi Act 1975
Amendment to Treaty of Waitangi Act 1975 | ||
(1) | This section amends the Treaty of Waitangi Act 1975. | |
(2) | In Schedule 3, insert in its appropriate alphabetical order: Ahuriri Hapū Claims Settlement Act 2019, section 15(4) and (5) | 10 |
Certain enactments do not apply | ||
(1) | The enactments listed in subsection (2) do not apply— | |
(a) to a cultural redress property; or | 15 | |
(b) to a deferred selection property (other than a property that is also RFR | ||
land) on and from the date of its transfer to the trustees; or | ||
(c) to the RFR land; or | ||
(d) for the benefit of Ahuriri Hapū or a representative entity. | ||
(2) | The enactments are— | 20 |
(a) Part 3 of the Crown Forest Assets Act 1989: | ||
(b) sections 211 to 213 of the Education Act 1989: | ||
(b) sections 568 to 570 of the Education and Training Act 2020: | ||
(c) Part 3 of the New Zealand Railways Corporation Restructuring Act | ||
1990: | 25 | |
(d) sections 27A to 27C of the State-Owned Enterprises Act 1986: | ||
(e) sections 8A to 8HJ of the Treaty of Waitangi Act 1975. | ||
Resumptive memorials to be cancelled | ||
(1) | The chief executive of LINZ must issue to the Registrar-General 1 or more cer- | |
tificates that specify the legal description of, and identify the record of title for, | 30 | |
each allotment that— | ||
(a) is all or part of— | ||
(i) a cultural redress property: | ||
(ii) a deferred selection property (other than a property that is also | ||
RFR land): | 35 |
(iii) the RFR land; and
(b) is subject to a resumptive memorial recorded under an enactment listed in section 17(2).
(2) The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after— 5
(a) the settlement date, for a cultural redress property or the RFR land; or
(b) the date of transfer of the property to the trustees, for a deferred selection property (other than a property that is also RFR land).
(3) Each certificate must state that it is issued under this section.
(4) As soon as is reasonably practicable after receiving a certificate, the Registrar- 10 General must—
(a) register the certificate against each record of title identified in the certifi- cate; and
(b) cancel each memorial recorded under an enactment listed in section 17(2) on a record of title identified in the certificate, but only in respect 15
of each allotment described in the certificate.
Rule against perpetuities does not apply | ||
(1) | The rule against perpetuities and the provisions of the Perpetuities Act 1964— | |
(a) do not prescribe or restrict the period during which— | 20 | |
(i) the Mana Ahuriri Trust may exist in law; or | ||
(ii) the trustees may hold or deal with property or income derived from property; and | ||
(b) do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act | 25 | |
would otherwise make the document, or a right conferred by the docu- ment, invalid or ineffective. | ||
(2) | However, if the Mana Ahuriri Trust is, or becomes, a charitable trust, the appli- cation (if any) of the rule against perpetuities or of any provision of the Per- petuities Act 1964 to that trust must be determined under the general law. | 30 |
Access to deed of settlement | ||
The chief executive of the Office for Māori Crown Relations—Xx Xxxxxxxx must make copies of the deed of settlement available— | ||
(a) for inspection free of charge, and for purchase at a reasonable price, at that Office in Wellington between 9 am and 5 pm on any working day; | 35 | |
and |
(b) free of charge on an Internet site maintained by or on behalf of that Office.
In this subpart,—
Part 2 Cultural redress
Subpart 1—Xx Xxxx o Papa 5
conservation planning document means a conservation management strategy, conservation management plan, national park management plan, or freshwater fisheries management plan 10
freshwater fisheries management plan has the meaning given in section 2(1) of the Conservation Act 1987
Xx Xxxx o Papa means a partnership agreement in the form set out in part 6 of the documents schedule.
22 Authority to enter into Xx Xxxx o Papa 15
Not later than the settlement date, the Minister of Conservation, the Director- General, and the trustees must enter into Xx Xxxx o Papa.
23 Noting of Xx Xxxx o Papa on conservation planning documents
(1) The Director-General must ensure that a summary of Xx Xxxx o Papa is noted
on every conservation planning document affecting the Ahuriri Hapū area of 20
interest (as defined in Xx Xxxx o Papa).
(2) The noting of the summary—
(a) is for the purpose of public notice only; and
(b) does not amend a conservation planning document for the purposes of
the Conservation Act 1987. 25
24 Xx Xxxx o Papa subject to rights, functions, and duties
(1) Xx Xxxx o Papa does not restrict—
(a) the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for
example, the ability— 30
(i) to introduce legislation and change Government policy; and
(ii) to interact with or consult a person the Crown considers appropri- ate, including any iwi, hapū, marae, whānau, or other representa- tive of tangata whenua; or
(b) the functions, duties, or powers of the Minister of Conservation or the Director-General; or
(c) the legal rights of the trustees or Xxxxxxx Xxxx.
(2) Xx Xxxx o Papa does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to,— 5
(a) land or any other resource held, managed, or administered under the conservation legislation; or
(b) the common marine and coastal area (as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011).
Enforcement of Xx Xxxx o Papa | 10 | |
(1) | The Crown and the trustees must comply with Xx Xxxx o Papa unless they | |
agree to terminate it in accordance with its terms. | ||
(2) | If the Crown fails to comply with Xx Xxxx o Papa without good cause, the | |
trustees may seek— | ||
(a) a public law remedy (for example, judicial review): | 15 | |
(b) to enforce Xx Xxxx o Papa, subject to the Crown Proceedings Act 1950. | ||
(3) | Despite subsection (2), damages or other forms of monetary compensation | |
are not available as a remedy for a failure by the Crown to comply with Xx | ||
Xxxx o Papa. | ||
(4) | To avoid doubt, subsection (3) does not affect the ability of a court to award costs incurred by the trustees in a proceeding brought under subsection (2). | 20 |
(5) | Subsection (2) does not affect any contract entered into between the Minister | |
of Conservation or the Director-General and the trustees, including any con- | ||
tract for service or concession. |
26 Interpretation In this subpart,— protocol—
(a) means each of the following protocols issued under section 27(1)(a):
(i) the Crown minerals protocol: 30
(ii) the taonga tūturu protocol; and
(b) includes any amendments made under section 27(1)(b)
responsible Minister means,—
(a) for the Crown minerals protocol, the Minister of Energy and Resources;
and 35
(b) for the taonga tūturu protocol, the Minister for Arts, Culture and Herit- age; and
(c) for either of those protocols, any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and
duties in relation to the protocol. 5
General provisions applying to protocols
Issuing, amending, and cancelling protocols | ||
(1) | Each responsible Minister— | |
(a) must issue a protocol to the trustees on the terms set out in part 5 of the documents schedule; and | 10 | |
(b) may amend or cancel that protocol. | ||
(2) | The responsible Minister may amend or cancel a protocol at the initiative of— |
(a) the trustees; or
(b) the responsible Minister.
(3) | The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustees. | 15 |
Protocols subject to rights, functions, and duties | ||
A protocol does not restrict— | ||
(a) the ability of the Crown to exercise its powers and perform its functions | ||
and duties in accordance with the law and Government policy, for | 20 | |
example, the ability— | ||
(i) to introduce legislation and change Government policy; and | ||
(ii) to interact with or consult a person that the Crown considers | ||
appropriate, including any iwi, hapū, marae, whānau, or other rep- | ||
resentative of tangata whenua; or | 25 | |
(b) the responsibilities of a responsible Minister or a department of State; or | ||
(c) the legal rights of Xxxxxxx Xxxx or a representative entity. | ||
Enforcement of protocols | ||
(1) | The Crown must comply with a protocol while it is in force. | |
(2) | If the Crown fails to comply with a protocol without good cause, the trustees | 30 |
may enforce the protocol, subject to the Crown Proceedings Act 1950. | ||
(3) | Despite subsection (2), damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a | |
protocol. | ||
(4) | To avoid doubt,— | 35 |
(a) subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and
(b) subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2).
Crown minerals protocol | ||
(1) | The chief executive of the department of State responsible for the administra- tion of the Crown Minerals Act 1991 must note a summary of the terms of the Crown minerals protocol in— | |
(a) a register of protocols maintained by the chief executive; and | 10 | |
(b) the minerals programmes that affect the Crown minerals protocol area, but only when those programmes are changed. | ||
(2) | The noting of the summary is— | |
(a) for the purpose of public notice only; and | ||
(b) not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991. | 15 | |
(3) | The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown min- erals. | |
(4) | In this section,— | 20 |
Crown mineral means a mineral, as defined in section 2(1) of the Crown Min- erals Act 1991,— | ||
(a) that is the property of the Crown under section 10 or 11 of that Act; or | ||
(b) over which the Crown has jurisdiction under the Continental Shelf Act 1964 | 25 |
Crown minerals protocol area means the area shown on the map attached to the Crown minerals protocol, together with the adjacent waters
minerals programme has the meaning given in section 2(1) of the Crown Minerals Act 1991.
(1) The taonga tūturu protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
(2) In this section, taonga tūturu— 35
(a) has the meaning given in section 2(1) of the Protected Objects Act 1975; and
(b) includes ngā taonga tūturu, as defined in section 2(1) of that Act.
Subpart 3—Statutory acknowledgement and deeds of recognition
In this subpart,—
relevant consent authority, for a statutory area, means a consent authority of a region or district that contains, or is adjacent to, the statutory area
statement of association, for a statutory area, means the statement—
(a) made by Xxxxxxx Xxxx of their particular cultural, historical, spiritual, 10
and traditional association with the statutory area; and
(b) set out in part 3 of the documents schedule
statutory acknowledgement means the acknowledgement made by the Crown in section 33 in respect of the statutory areas, on the terms set out in this sub-
part 15
statutory area means an area described in Schedule 1, the general location of which is indicated on the deed plan for that area
statutory plan—
(a) means a district plan, regional coastal plan, regional plan, regional pol-
icy statement, or proposed policy statement as defined in section 43AA 20
of the Resource Management Act 1991; and
(b) includes a proposed plan, as defined in section 43AAC of that Act.
33 Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas. 25
34 Purposes of statutory acknowledgement
The only purposes of the statutory acknowledgement are—
(a) to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 35 to 37; and 30
(b) to require relevant consent authorities to record the statutory acknow- ledgement on statutory plans that relate to the statutory areas and to pro- vide summaries of resource consent applications or copies of notices of applications to the trustees, in accordance with sections 38 and 39;
and 35
(c) to enable the trustees and any member of Xxxxxxx Xxxx to cite the statu- tory acknowledgement as evidence of the association of Ahuriri Hapū with a statutory area, in accordance with section 40. | ||
Relevant consent authorities to have regard to statutory acknowledgement | ||
(1) | This section applies in relation to an application for a resource consent for an | 5 |
activity within, adjacent to, or directly affecting a statutory area. | ||
(2) | On and from the effective date, a relevant consent authority must have regard | |
to the statutory acknowledgement relating to the statutory area in deciding, | ||
under section 95E of the Resource Management Act 1991, whether the trustees | ||
are affected persons in relation to the activity. | 10 | |
(3) | Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991. | |
Environment Court to have regard to statutory acknowledgement | ||
(1) | This section applies to proceedings in the Environment Court in relation to an | |
application for a resource consent for an activity within, adjacent to, or directly | 15 | |
affecting a statutory area. | ||
(2) | On and from the effective date, the Environment Court must have regard to the | |
statutory acknowledgement relating to the statutory area in deciding, under sec- | ||
tion 274 of the Resource Management Act 1991, whether the trustees are per- | ||
sons with an interest in the proceedings greater than that of the general public. | 20 | |
(3) | Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991. | |
Heritage New Zealand Pouhere Taonga and Environment Court to have | ||
regard to statutory acknowledgement | ||
(1) | This section applies to an application made under section 44, 56, or 61 of the | 25 |
Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake | ||
an activity that will or may modify or destroy an archaeological site within a | ||
statutory area. | ||
(2) | On and from the effective date, Heritage New Zealand Pouhere Taonga must | |
have regard to the statutory acknowledgement relating to the statutory area in | 30 | |
exercising its powers under section 48, 56, or 62 of the Heritage New Zealand | ||
Pouhere Taonga Act 2014 in relation to the application. | ||
(3) | On and from the effective date, the Environment Court must have regard to the | |
statutory acknowledgement relating to the statutory area— | ||
(a) in determining whether the trustees are persons directly affected by the | 35 | |
decision; and | ||
(b) in determining, under section 59(1) or 64(1) of the Heritage New Zea- | ||
land Pouhere Taonga Act 2014, an appeal against a decision of Heritage | ||
New Zealand Pouhere Taonga in relation to the application. |
(4) | In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014. | |
Recording statutory acknowledgement on statutory plans | ||
(1) | On and from the effective date, each relevant consent authority must attach | |
information recording the statutory acknowledgement to all statutory plans that | 5 | |
wholly or partly cover a statutory area. | ||
(2) | The information attached to a statutory plan must include— | |
(a) a copy of sections 33 to 37, 39, and 40; and | ||
(b) descriptions of the statutory areas wholly or partly covered by the plan; | ||
and | 10 | |
(c) the statement of association for each statutory area. | ||
(3) | The attachment of information to a statutory plan under this section is for the | |
purpose of public information only and, unless adopted by the relevant consent | ||
authority as part of the statutory plan, the information is not— | ||
(a) part of the statutory plan; or | 15 | |
(b) subject to the provisions of Schedule 1 of the Resource Management Act | ||
1991. | ||
Provision of summary or notice to trustees | ||
(1) | Each relevant consent authority must, for a period of 20 years on and from the | |
effective date, provide the following to the trustees for each resource consent | 20 | |
application for an activity within, adjacent to, or directly affecting a statutory | ||
area: | ||
(a) if the application is received by the consent authority, a summary of the | ||
application; or | ||
(b) if notice of the application is served on the consent authority under sec- | 25 | |
tion 145(10) of the Resource Management Act 1991, a copy of the | ||
notice. | ||
(2) | A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B(4) of the | |
Resource Management Act 1991 or as may be agreed between the trustees and | 30 | |
the relevant consent authority. | ||
(3) | The summary must be provided— | |
(a) as soon as is reasonably practicable after the relevant consent authority | ||
receives the application; but | ||
(b) before the relevant consent authority decides under section 95 of the | 35 | |
Resource Management Act 1991 whether to notify the application. |
(4) A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice.
(5) The trustees may, by written notice to a relevant consent authority,—
(a) waive the right to be provided with a summary or copy of a notice under 5 this section; and
(b) state the scope of that waiver and the period it applies for.
(6) This section does not affect the obligation of a relevant consent authority to decide,—
(a) under section 95 of the Resource Management Act 1991, whether to 10 notify an application:
(b) under section 95E of that Act, whether the trustees are affected persons in relation to an activity.
Use of statutory acknowledgement | ||
(1) | The trustees and any member of Ahuriri Hapū may, as evidence of the associ- | 15 |
ation of Ahuriri Hapū with a statutory area, cite the statutory acknowledgement | ||
that relates to that area in submissions concerning activities within, adjacent to, | ||
or directly affecting the statutory area that are made to or before— | ||
(a) the relevant consent authorities; or | ||
(b) the Environment Court; or | 20 | |
(c) Heritage New Zealand Pouhere Taonga; or | ||
(d) the Environmental Protection Authority or a board of inquiry under Part | ||
6AA of the Resource Management Act 1991. | ||
(2) | The content of a statement of association is not, because of the statutory | |
acknowledgement, binding as fact on— | 25 | |
(a) the bodies referred to in subsection (1); or | ||
(b) parties to proceedings before those bodies; or | ||
(c) any other person who is entitled to participate in those proceedings. | ||
(3) | However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account. | 30 |
(4) | To avoid doubt,— | |
(a) the trustees and members of Ahuriri Hapū are not precluded from stating | ||
that Ahuriri Hapū has an association with a statutory area that is not | ||
described in the statutory acknowledgement; and | ||
(b) the content and existence of the statutory acknowledgement do not limit | 35 | |
any statement made. |
Issuing and amending deeds of recognition | ||
(1) | This section applies in respect of the statutory areas listed in Part 2 of Sched- ule 1. | |
(2) | The Minister of Conservation and the Director-General must issue a deed of | 5 |
recognition in the form set out in part 4 of the documents schedule for the stat- | ||
utory areas administered by the Department of Conservation. | ||
(3) | The Commissioner of Crown Lands must issue a deed of recognition in the | |
form set out in part 4 of the documents schedule for the statutory areas admin- | ||
istered by the Commissioner. | 10 | |
(4) | The person or persons who issue a deed of recognition may amend the deed, | |
but only with the written consent of the trustees. |
General provisions relating to statutory acknowledgement and deeds of recognition
Application of statutory acknowledgement and deed of recognition to river or stream | 15 | |
(1) | If any part of the statutory acknowledgement applies to a river or stream, including a tributary, that part of the acknowledgement— | |
(a) applies only to— | ||
(i) the continuously or intermittently flowing body of fresh water, including a modified watercourse, that comprises the river or stream; and | 20 | |
(ii) the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but | 25 | |
(b) does not apply to— | ||
(i) a part of the bed of the river or stream that is not owned by the |
Crown; or
(ii) an artificial watercourse.
(2) If any part of a deed of recognition applies to a river or stream, including a 30 tributary, that part of the deed—
(a) applies only to the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but
(b) does not apply to— 35
(i) a part of the bed of the river or stream that is not owned and man- aged by the Crown; or
(ii) the bed of an artificial watercourse.
Exercise of powers and performance of functions and duties | ||
(1) | The statutory acknowledgement and a deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw. | 5 |
(2) | A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ahuriri Hapū with a statutory area than that person would give if there were no statutory acknowledgement or deed of recognition for the statu- tory area. | 10 |
(3) | Subsection (2) does not limit subsection (1). | |
(4) | This section is subject to— | |
(a) the other provisions of this subpart; and | ||
(b) any obligation imposed on the Minister of Conservation, the Director- General, or the Commissioner of Crown Lands by a deed of recognition. | 15 | |
Rights not affected | ||
(1) | The statutory acknowledgement and a deed of recognition— | |
(a) do not affect the lawful rights or interests of a person who is not a party to the deed of settlement; and | ||
(b) do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. | 20 | |
(2) | This section is subject to the other provisions of this subpart. |
Consequential amendment to Resource Management Act 1991
Amendment to Resource Management Act 1991 | ||
(1) | This section amends the Resource Management Act 1991. | 25 |
(2) | In Schedule 11, insert in its appropriate alphabetical order: Ahuriri Hapū Claims Settlement Act 2019 |
Subpart 4—Overlay classification
In this subpart,— 30
Conservation Board means a board established under section 6L of the Con- servation Act 1987
New Zealand Conservation Authority means the Authority established by section 6A of the Conservation Act 1987
overlay area—
(a) means an area that is declared under section 47(1) to be subject to the overlay classification; but
(b) does not include an area that is declared under section 58(1) to be no longer subject to the overlay classification 5
overlay classification means the application of this subpart to each overlay area
protection principles, for an overlay area,—
(a) means the principles agreed by the trustees and the Minister of Xxxxxx- vation, as set out for the area in part 2 of the documents schedule; and | 10 | |
(b) includes any principles as they are amended by the written agreement of | ||
the trustees and the Minister of Conservation | ||
specified actions, for an overlay area, means the actions set out for the area in | ||
part 2 of the documents schedule | ||
statement of values, for an overlay area, means the statement— | 15 | |
(a) made by Xxxxxxx Xxxx of their values relating to their cultural, historical, | ||
spiritual, and traditional association with the overlay area; and | ||
(b) set out in part 1 of the documents schedule. | ||
Declaration of overlay classification and the Crown’s acknowledgement | ||
(1) | Each area described in Schedule 2 is declared to be subject to the overlay classification. | 20 |
(2) | The Crown acknowledges the statements of values for the overlay areas. | |
Purposes of overlay classification | ||
The only purposes of the overlay classification are— | ||
(a) to require the New Zealand Conservation Authority and relevant Xxxxxx- vation Boards to comply with the obligations in section 50; and | 25 | |
(b) to enable the taking of action under sections 51 to 56. | ||
Effect of protection principles | ||
The protection principles are intended to prevent the values stated in the state- | ||
ment of values for an overlay area from being harmed or diminished. | 30 | |
Obligations on New Zealand Conservation Authority and Conservation | ||
Boards | ||
(1) | When the New Zealand Conservation Authority or a Conservation Board con- | |
xxxxxx a conservation management strategy, conservation management plan, or | ||
national park management plan that relates to an overlay area, the Authority or | 35 | |
Board must have particular regard to— |
(a) the statement of values for the area; and (b) the protection principles for the area. | ||
(2) | Before approving a strategy or plan that relates to an overlay area, the New | |
Zealand Conservation Authority or a Conservation Board must— | ||
(a) consult the trustees; and | 5 | |
(b) have particular regard to the views of the trustees as to the effect of the | ||
strategy or plan on— | ||
(i) any matters in the implementation of the statement of values for | ||
the area; and | ||
(ii) any matters in the implementation of the protection principles for | 10 | |
the area. | ||
(3) | If the trustees advise the New Zealand Conservation Authority in writing that | |
they have significant concerns about a draft conservation management strategy | ||
in relation to an overlay area, the Authority must, before approving the strat- | ||
egy, give the trustees an opportunity to make submissions in relation to those | 15 | |
concerns. | ||
Noting of overlay classification in strategies and plans | ||
(1) | The application of the overlay classification to an overlay area must be noted in | |
any conservation management strategy, conservation management plan, or | ||
national park management plan affecting the area. | 20 | |
(2) | The noting of the overlay classification is— | |
(a) for the purpose of public notice only; and | ||
(b) not an amendment to the strategy or plan for the purposes of section 17I | ||
of the Conservation Act 1987 or section 46 of the National Parks Act | ||
1980. | 25 | |
Notification in Gazette | ||
(1) | The Minister of Conservation must notify in the Gazette, as soon as practicable | |
after the settlement date,— | ||
(a) the declaration made by section 47 that the overlay classification applies to the overlay areas; and | 30 | |
(b) the protection principles for each overlay area. | ||
(2) | An amendment to the protection principles, as agreed by the trustees and the | |
Minister of Conservation, must be notified by the Minister in the Gazette as | ||
soon as practicable after the amendment has been agreed in writing. | ||
(3) | The Director-General may notify in the Gazette any action (including any spe- cified action) taken or intended to be taken under section 53 or 54. | 35 |
Actions by Director-General | ||
(1) | The Director-General must take action in relation to the protection principles | |
that relate to an overlay area, including the specified actions. | ||
(2) | The Director-General retains complete discretion to determine the method and | |
extent of the action to be taken. | 5 | |
(3) | The Director-General must notify the trustees in writing of any action that the | |
Director-General intends to take. | ||
Amendment to strategies or plans | ||
(1) | The Director-General may initiate an amendment to a conservation manage- | |
ment strategy, conservation management plan, or national park management | 10 | |
plan to incorporate objectives for the protection principles that relate to an | ||
overlay area. | ||
(2) | The Director-General must consult relevant Conservation Boards before initiat- | |
ing the amendment. | ||
(3) | The amendment is an amendment for the purposes of section 17I(1) to (3) of | 15 |
the Conservation Act 1987 or section 46(1) to (4) of the National Parks Act | ||
1980. | ||
Regulations | ||
The Governor-General may, by Order in Council made on the recommendation | ||
of the Minister of Conservation, make regulations for 1 or more of the follow- | 20 | |
ing purposes: | ||
(a) to provide for the implementation of objectives included in a strategy or | ||
plan under section 54(1): | ||
(b) to regulate or prohibit activities or conduct by members of the public in | ||
relation to an overlay area: | 25 | |
(c) to create offences for breaches of regulations made under paragraph (b): | ||
(d) to prescribe the following fines for an offence referred to in paragraph (c): | ||
(i) a fine not exceeding $5,000; and | 30 | |
(ii) if the offence is a continuing one, an additional amount not | ||
exceeding $500 for every day on which the offence continues. | ||
Bylaws | ||
The Minister of Conservation may make bylaws for 1 or more of the following | ||
purposes: | 35 | |
(a) to provide for the implementation of objectives included in a strategy or | ||
plan under section 54(1): |
(b) to regulate or prohibit activities or conduct by members of the public in relation to an overlay area: (c) to create offences for breaches of bylaws made under paragraph (b): (d) to prescribe the following fines for an offence referred to in paragraph | ||
(c): | 5 | |
(i) a fine not exceeding $5,000; and | ||
(ii) if the offence is a continuing one, an additional amount not | ||
exceeding $500 for every day on which the offence continues. | ||
Effect of overlay classification on overlay areas | ||
(1) | This section applies if, at any time, the overlay classification applies to any | 10 |
land in— | ||
(a) a national park under the National Parks Act 1980; or | ||
(b) a conservation area under the Conservation Act 1987; or | ||
(c) a reserve under the Reserves Act 1977. | ||
(2) | The overlay classification does not affect— | 15 |
(a) the status of the land as a national park, conservation area, or reserve; or | ||
(b) the classification or purpose of the reserve. | ||
Termination of overlay classification | ||
(1) | The Governor-General may, by Order in Council made on the recommendation | |
of the Minister of Conservation, declare that all or part of an overlay area is no | 20 | |
longer subject to the overlay classification. | ||
(2) | The Minister of Conservation must not make a recommendation for the pur- | |
poses of subsection (1) unless— | ||
(a) the trustees and the Minister of Conservation have agreed in writing that | ||
the overlay classification is no longer appropriate for the relevant area; | 25 | |
or | ||
(b) the relevant area is to be, or has been, disposed of by the Crown; or | ||
(c) the responsibility for managing the relevant area is to be, or has been, | ||
transferred to a different Minister of the Crown or the Commissioner of | ||
Crown Lands. | 30 | |
(3) | The Crown must take reasonable steps to ensure that the trustees continue to | |
have input into the management of a relevant area if— | ||
(a) subsection (2)(c) applies; or | ||
(b) there is a change in the statutory management regime that applies to all | ||
or part of the overlay area. | 35 |
Exercise of powers and performance of functions and duties | ||
(1) | The overlay classification does not affect, and must not be taken into account by, any person exercising a power or performing a function or duty under an enactment or a bylaw. | |
(2) | A person, in considering a matter or making a decision or recommendation under legislation or a bylaw, must not give greater or lesser weight to the values stated in the statement of values for an overlay area than that person would give if the area were not subject to the overlay classification. | 5 |
(3) | Subsection (2) does not limit subsection (1). | |
(4) | This section is subject to the other provisions of this subpart. | 10 |
Rights not affected | ||
(1) | The overlay classification does not— | |
(a) affect the lawful rights or interests of a person who is not a party to the deed of settlement; or | ||
(b) have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, an overlay area. | 15 | |
(2) | This section is subject to the other provisions of this subpart. |
Subpart 5—Official geographic names
Interpretation | ||
In this subpart,— | 20 | |
Act means the New Zealand Geographic Board (Xxx Xxx Taunaha o Aotearoa) | ||
Act 2008 | ||
Board has the meaning given in section 4 of the Act | ||
official geographic name has the meaning given in section 4 of the Act. | ||
Official geographic names | 25 | |
(1) | A name specified in the second column of the table in clause 6.28 of the deed | |
of settlement is the official geographic name of the feature described in the | ||
third and fourth columns of that table. | ||
(2) | Each official geographic name is to be treated as if it were an official geo- | |
graphic name that takes effect on the settlement date by virtue of a determin- | 30 | |
ation of the Board made under section 19 of the Act. | ||
Publication of official geographic names | ||
(1) | The Board must, as soon as practicable after the settlement date, give public | |
notice, in accordance with section 21(2) and (3) of the Act, of each official geographic name specified under section 62. | 35 |
(2) | The notice must state that each official geographic name became an official geographic name on the settlement date. | |
Subsequent alteration of official geographic names | ||
(1) | In making a determination to alter the official geographic name of a feature | |
named under this subpart, the Board— | 5 | |
(a) need not comply with section 16, 17, 18, 19(1), or 20 of the Act; but | ||
(b) must have the written consent of the trustees. | ||
(2) | To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3) of the Act. | |
10 | ||
Interpretation | ||
In this subpart,— | ||
cultural redress property means each of the following properties, and each property means the land of that name described in Schedule 3: | ||
Properties vested in fee simple | 15 |
(a) Conservation House property:
(b) Pakake:
Property vested in fee simple to be administered as reserve
(c) Heipipi Pa
Heipipi Pa reserve land means all or the part of Heipipi Pa that remains a 20 reserve under the Reserves Act 1977 after the property has vested in the trustees under this subpart.
Properties vested in fee simple
Conservation House property | ||
(1) | The reservation of the Conservation House property as a government purpose | 25 |
reserve subject to the Reserves Act 1977 is revoked. | ||
(2) | The fee simple estate in the Conservation House property vests in the trustees. | |
(3) | Subsections (1) and (2) do not take effect until the trustees have provided the Crown with an unregistered lease of the Conservation House property on | |
the terms and conditions set out in part 10 of the documents schedule. | 30 | |
Pakake | ||
The fee simple estate in Pakake vests in the trustees. |
Property vested in fee simple to be administered as reserve
Heipipi Pa | ||
(1) | The reservation of Heipipi Pa (being Heipipi Pa Historic Reserve) as a historic | |
reserve subject to the Reserves Act 1977 is revoked. | ||
(2) | The fee simple estate in Heipipi Pa vests in the trustees. | 5 |
(3) | Heipipi Pa is declared a reserve and classified as a historic reserve subject to | |
section 18 of the Reserves Act 1977. | ||
(4) | The reserve is named Heipipi Historic Reserve. | |
General provisions applying to vesting of cultural redress properties | ||
Properties vest subject to or together with interests | 10 | |
Each cultural redress property vested under this subpart is subject to, or has the | ||
benefit of, any interests listed for the property in the third column of the table in Schedule 3. | ||
Interests that are not interests in land | ||
(1) | This section applies to an interest (other than an interest in land) that is listed for Heipipi Pa in Schedule 3, and for which there is a grantor, whether or not the interest also applies to land outside the property. | 15 |
(2) | The interest applies— | |
(a) as if the trustees were the grantor of the interest in respect of Xxxxxxx Pa; | ||
and | 20 | |
(b) until the interest expires or is terminated, but any subsequent transfer of | ||
Heipipi Pa must be ignored in determining whether the interest expires | ||
or is or may be terminated; and | ||
(c) with any other necessary modifications; and | ||
(d) despite any change in status of the land in Heipipi Pa. | 25 | |
Registration of ownership | ||
(1) | This section applies to a cultural redress property vested in the trustees under | |
this subpart. | ||
(2) | Subsection (3) applies to a cultural redress property, but only to the extent that the property is all of the land contained in a record of title for a fee simple | 30 |
estate. | ||
(3) | The Registrar-General must, on written application by an authorised person,— | |
(a) register the trustees as the owners of the fee simple estate in the prop- | ||
erty; and | ||
(b) record any entry on the record of title and do anything else necessary to | 35 | |
give effect to this subpart and to part 6 of the deed of settlement. |
(4) (5) | Subsection (5) applies to a cultural redress property, but only to the extent that subsection (2) does not apply to the property. The Registrar-General must, in accordance with a written application by an | |
authorised person,— | ||
(a) create a record of title for the fee simple estate in the property in the | 5 | |
name of the trustees; and | ||
(b) record on the record of title any interests that are registered, noted, or to | ||
be noted and that are described in the application. | ||
(6) | Subsection (5) is subject to the completion of any survey necessary to create a record of title. | 10 |
(7) | A record of title must be created under this section as soon as is reasonably | |
practicable after the settlement date, but not later than— | ||
(a) 24 months after the settlement date; or | ||
(b) any later date that is agreed in writing by the Crown and the trustees. | ||
(8) | In this section, authorised person means a person authorised by— | 15 |
(a) the Director-General, for the Conservation House property and Xxxxxxx | ||
Xx: | ||
(b) the chief executive of LINZ, for Pakake. | ||
Application of Part 4A of Conservation Act 1987 | ||
(1) | The vesting of the fee simple estate in a cultural redress property in the trustees | 20 |
under this subpart is a disposition for the purposes of Part 4A of the Conserva- | ||
tion Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to | ||
the disposition. | ||
(2) | Section 24 of the Conservation Act 1987 does not apply to the vesting of Hei- | |
pipi Pa. | 25 | |
(3) | If the reservation of Heipipi Pa under this subpart is revoked for all or part of | |
the property, the vesting of Heipipi Pa is no longer exempt from section 24 | ||
(except subsection (2A)) of the Conservation Act 1987 for all or that part of the | ||
property. | ||
(4) | Subsections (2) and (3) do not limit subsection (1). | 30 |
Matters to be recorded on record of title | ||
(1) | The Registrar-General must record on the record of title,— | |
(a) for Heipipi Pa,— | ||
(i) that the land is subject to Part 4A of the Conservation Act 1987, | ||
but that section 24 of that Act does not apply; and | 35 | |
(ii) that the land is subject to sections 72(3) and 77; and | ||
(b) for any other cultural redress property, that the land is subject to Part 4A | ||
of the Conservation Act 1987. |
(2) A notation made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act.
(3) For Heipipi Pa, if the reservation of that property under this subpart is revoked for— 5
(a) all of the property, the Director-General must apply in writing to the Registrar-General to remove from the record of title for the property the notations that—
(i) section 24 of the Conservation Act 1987 does not apply to the property; and 10
(ii) the property is subject to sections 72(3) and 77; or
(b) part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on the record of title for the part of the property that remains a reserve.
(4) The Registrar-General must comply with an application received in accordance 15
with subsection (3)(a).
74 Application of other enactments
(1) The vesting of the fee simple estate in a cultural redress property under this subpart does not—
(a) limit section 10 or 11 of the Crown Minerals Act 1991; or 20
(b) affect other rights to subsurface minerals.
(2) Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of the Conservation House property or Heipipi Pa.
(3) Section 11 and Part 10 of the Resource Management Act 1991 do not apply 25
to—
(a) the vesting of the fee simple estate in a cultural redress property under this subpart; or
(b) any matter incidental to, or required for the purpose of, the vesting.
75 Name of Crown protected area discontinued 30
(1) Subsection (2) applies to the land in Heipipi Pa that, immediately before the settlement date, was a Crown protected area.
(2) The official geographic name of the Crown protected area is discontinued in respect of the land and the Board must amend the Gazetteer accordingly.
(3) In this section, Board, Crown protected area, Gazetteer, and official geo- 35 graphic name have the meanings given in section 4 of the New Zealand Geo- graphic Board (Xxx Xxx Taunaha o Aotearoa) Act 2008.
Further provisions applying to Heipipi Pa
Application of other enactments to Heipipi Pa | ||
(1) | The trustees are the administering body of Xxxxxxx Xx. | |
(2) | Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in | |
relation to Heipipi Pa. | 5 | |
(3) | If the reservation of Heipipi Pa under this subpart is revoked under section 24 | |
of the Reserves Act 1977 for all or part of that property, section 25(2) of that | ||
Act applies to the revocation, but not the rest of section 25 of that Act. | ||
(4) | Heipipi Pa is not a Crown protected area under the New Zealand Geographic | |
Board (Xxx Xxx Taunaha o Aotearoa) Act 2008, despite anything in that Act. | 10 | |
(5) | Heipipi Pa must not have a name assigned to it or have its name changed under | |
section 16(10) of the Reserves Act 1977 without the written consent of the | ||
owners of Heipipi Pa, and section 16(10A) of that Act does not apply to the | ||
proposed name. | ||
Subsequent transfer of Heipipi Pa reserve land | 15 | |
The fee simple estate in Heipipi Pa reserve land may be transferred only in accordance with section 78 or 79. | ||
Transfer of Heipipi Pa reserve land to new administering body | ||
(1) | The registered owners of Heipipi Pa reserve land may apply in writing to the | |
Minister of Conservation for consent to transfer the fee simple estate in the | 20 | |
land to 1 or more persons (the new owners). | ||
(2) | The Minister of Conservation must give written consent to the transfer if the | |
registered owners satisfy the Minister that the new owners are able— | ||
(a) to comply with the requirements of the Reserves Act 1977; and | ||
(b) to perform the duties of an administering body under that Act. | 25 | |
(3) | The Registrar-General must, upon receiving the required documents, register | |
the new owners as the owners of the fee simple estate in the Heipipi Pa reserve | ||
land. | ||
(4) | The required documents are— | |
(a) a transfer instrument to transfer the fee simple estate in the Heipipi Pa | 30 | |
reserve land to the new owners, including a notification that the new | ||
owners are to hold the land for the same reserve purposes as those for | ||
which it was held by the administering body immediately before the | ||
transfer; and | ||
(b) the written consent of the Minister of Conservation to the transfer of the | 35 | |
land; and | ||
(c) any other document required for the registration of the transfer instru- | ||
ment. |
(5) | The new owners, from the time of their registration under this section,— (a) are the administering body of the Heipipi Pa reserve land; and | |
(b) hold the land for the same reserve purposes as those for which it was | ||
held by the administering body immediately before the transfer. | ||
(6) | A transfer that complies with this section need not comply with any other | 5 |
requirements. | ||
Transfer of Heipipi Pa reserve land to trustees of existing administering | ||
body if trustees change | ||
The registered owners of Heipipi Pa reserve land may transfer the fee simple | ||
estate in the land if— | 10 | |
(a) the transferors of the land are or were the trustees of a trust; and | ||
(b) the transferees are the trustees of the same trust, after any new trustee | ||
has been appointed to the trust or any transferor has ceased to be a | ||
trustee of the trust; and | ||
(c) the instrument to transfer the land is accompanied by a certificate given | 15 | |
by the transferees, or the transferees’ lawyer, verifying that paragraphs (a) and (b) apply. | ||
Heipipi Pa reserve land not to be mortgaged | ||
The owners of Heipipi Pa reserve land must not mortgage, or give a security | ||
interest in, the land. | 20 | |
Saving of bylaws, etc, in relation to Heipipi Pa | ||
(1) | This section applies to any bylaw, or any prohibition or restriction on use or | |
access, that an administering body or the Minister of Conservation made or | ||
imposed under the Conservation Act 1987 or the Reserves Act 1977 in relation | ||
to Heipipi Pa before that property was vested in the trustees under this subpart. | 25 | |
(2) | The bylaw, prohibition, or restriction remains in force until it expires or is | |
revoked under the Conservation Act 1987 or the Reserves Act 1977. |
Part 3
Te Muriwai o Te Whanga
In this Part and Schedule 4, unless the context otherwise requires,—
appointer means an organisation or a person who appoints a member to the Komiti under section 87
local authority means any or all of the following:
(a) the Hawke’s Bay Regional Council: 35
(b) the Hastings District Council:
(c) the Napier City Council
member,—
(a) in relation to the Komiti, means a member of the Komiti: (b) in relation to a local authority,— | ||
(i) has the meaning given in paragraph (c) of the definition of mem- | 5 | |
ber in section 5(1) of the Local Government Act 2002; and | ||
(ii) includes the chairperson or mayor of the local authority | ||
Te Komiti Muriwai o Te Whanga and Komiti mean the entity established by | ||
section 83 | ||
Te Muriwai o Te Whanga means the Ahuriri Estuary and catchment areas | 10 | |
shown on SO 486367 | ||
Te Muriwai o Te Whanga Plan and Plan mean the plan approved under sec- tion 98 | ||
terms of reference means the terms of reference adopted by the Komiti under | ||
clause 2 of Schedule 4. | 15 | |
Establishment of Te Komiti Muriwai o Te Whanga | ||
(1) | This section establishes Te Komiti Muriwai o Te Whanga. | |
(2) | The Komiti is a body corporate with perpetual succession. | |
Purpose of Komiti | 20 | |
The purpose of the Komiti is to promote the protection and enhancement of the | ||
environmental, economic, social, spiritual, historical, and cultural values of Te | ||
Muriwai o Te Whanga for present and future generations. | ||
Functions of Komiti | ||
(1) | The functions of the Komiti are to provide guidance and co-ordination in the | 25 |
management of Te Muriwai o Te Whanga to local authorities and Crown agen- | ||
cies that perform functions in relation to Te Muriwai o Te Whanga by— | ||
(a) promoting a greater understanding of Te Muriwai o Te Whanga and the | ||
issues relating to its health and well-being; and | ||
(b) advocating on behalf of Te Muriwai o Te Whanga; and | 30 | |
(c) providing a forum for the community to express its views on Te Muriwai | ||
o Te Whanga and its health and well-being; and | ||
(d) identifying the values, vision, objectives, and desired outcomes and any | ||
other matters relevant to Te Muriwai o Te Whanga; and | ||
(e) working with stakeholders to gather and collate all data and information | 35 | |
relevant to the functions of the Komiti; and |
(f) monitoring, evaluating, and reporting on matters affecting the ongoing health and well-being of Te Muriwai o Te Whanga; and
(g) advising the local authorities and the Director-General on matters per- taining to Xx Xxxxxxx o Te Whanga; and
(h) communicating to stakeholders matters pertaining to Te Muriwai o Te 5 Whanga; and
(i) promoting and seeking opportunities to raise funds and support for the ongoing health and well-being of Te Muriwai o Te Whanga; and
(j) making recommendations on the integration and co-ordination of Te Muriwai o Te Whanga management; and 10
(k) preparing and approving the Te Muriwai o Te Whanga Plan; and
(l) taking any other action that is considered by Te Komiti Muriwai o Te Whanga to be appropriate to achieve its purpose.
(2) To avoid doubt, except as provided in subsection (1)(k), the Komiti has dis- cretion to determine, in any particular circumstances,— 15
(a) whether to perform any function specified in subsection (1); and
(b) how, and to what extent, any function specified in subsection (1) is performed.
(3) In this section, stakeholders means—
(a) residents of the Hawke’s Bay region, Crown agencies, and businesses 20
with an interest in Te Muriwai o Te Whanga; and
(b) the local authorities; and
(c) the Director-General.
The Komiti has full capacity to perform its functions in a manner consistent 25
with this Part and Schedule 4.
(1) The Komiti consists of 8 members who are appointed as follows:
(a) 4 members appointed by the trustees of the Mana Ahuriri Trust; and
(b) 1 member appointed by the Hawke’s Bay Regional Council; and 30
(c) 1 member appointed by the Hastings District Council; and
(d) 1 member appointed by the Napier City Council; and
(e) 1 member appointed by the Minister of Conservation.
(2) A member appointed by a local authority must be a member of that local authority. 35
(3) In appointing a member of the Komiti, the appointer—
(a) must be satisfied that the person to be appointed has the mana, skills, knowledge, or experience— | ||
(i) to participate effectively in the Komiti; and | ||
(ii) to contribute to achieving the purpose of the Komiti; and | ||
(b) must have regard to the attributes of the existing members of the Komiti | 5 | |
to ensure that the membership has the balance of skills, knowledge, and | ||
experience needed to achieve the Komiti’s purpose; and | ||
(c) is responsible for the costs of making that appointment and for the remu- | ||
neration (if any) of the member appointed. | ||
(4) | Each member is appointed for a term of 3 years and may be reappointed. | 10 |
(5) | Where there is a vacancy on the Komiti, the appointer who appointed the per- | |
son who has ceased to be a member must fill that vacancy as soon as is reason- | ||
ably practicable. | ||
(6) | Each appointer must use his, her, or its best endeavours to make the first | |
appointments within 40 working days after the settlement date. | 15 | |
(7) | Subsection (1) is subject to section 88. | |
Allocation of appointments if local authorities reorganised | ||
(1) | This section applies if— | |
(a) | ||
reorganisation takes effect in accordance with an Order in Council made | 20 | |
under section | ||
(b) the reorganisation | ||
authorities that have a statutory obligation or power in respect of Te | ||
Muriwai o Te Whanga. | ||
(2) | The Minister for Treaty of Waitangi Negotiations (the Minister) must decide how the appointments referred to in section 87(1)(b) to (e) are to be alloca- xxx among— | 25 |
(a) the local authorities that are members of the new group of appointers; | ||
and | ||
(b) the Minister of Conservation. | 30 | |
(3) | Before making his or her decision, the Minister must seek the opinion of each | |
member of the new group of appointers on how the appointments should be | ||
allocated. | ||
(4) | If the members are unanimous in their opinion, the Minister’s decision must | |
give effect to that opinion. | 35 | |
(5) | If the members are not unanimous in their opinion, the Minister must have | |
regard to the opinion of each member before making his or her decision. | ||
(6) | The Minister’s decision must not— |
(a) change the number of appointments made by a local authority that is was not subject to the reorganisation scheme without the local authority’s permission; or
(b) change the number of appointments made by the Minister of Conserva- tion without the Minister of Conservation’s permission. 5
(7) The Minister’s decision takes effect on a date notified in writing by the Minis- ter to each member of the new group of appointers.
(8) In this section,—
new group of appointers means—
(a) the trustees of the Mana Ahuriri Trust; and 10
(b) each local authority that has a statutory obligation or power in respect of Te Muriwai o Te Whanga after the reorganisation scheme takes effect; and
(c) the Minister of Conservation
statutory obligation has the meaning given in section 5(1) of the Local Gov- 15 ernment Act 2002.
89 Members must act in interests of Te Muriwai o Te Whanga
Each member of the Komiti must act—
(a) in the best interests of Te Muriwai o Te Whanga; and
(b) in a manner that promotes the effective performance of the functions of 20
the Komiti.
Nothing done by the Komiti is invalid merely because of—
(a) a vacancy in the membership of the Komiti at the time the thing was done; or 25
(b) the subsequent discovery of a defect in the appointment of a person as a member of the Komiti.
91 Resignation or removal of members
(1) A member may resign from the Komiti by giving written notice to the appointer that appointed the member. 30
(2) The appointer that appointed a member may remove the member from the Komiti by giving written notice to the member and the Komiti.
92 Members not personally liable
A member is not personally liable for anything done or omitted in good faith in
the performance of the functions of the Komiti or the exercise of its powers. 35
93 Administration and procedure of Komiti
The provisions in Schedule 4 apply to the Komiti.
Purpose and scope of Te Muriwai o Te Whanga Plan | ||
(1) | The purpose of the Te Muriwai o Te Whanga Plan is to— | 5 |
(a) set out the environmental, economic, social, spiritual, historical, and cul- | ||
tural values of Te Muriwai o Te Whanga; and | ||
(b) set out the vision, objectives, and desired outcomes for Te Muriwai o Te | ||
Whanga in order to promote the protection and enhancement of those | ||
values; and | 10 | |
(c) identify the significant issues for Te Muriwai o Te Whanga; and | ||
(d) identify how Te Muriwai o Te Whanga may enhance the social, cultural, | ||
and economic well-being of people and communities; and | ||
(e) consider the integrated management of the waters and lands of Xx Xxxx- | ||
xxx o Te Whanga for the benefit of the health and well-being of Te Mur- | 15 | |
iwai o Te Whanga; and | ||
(f) make recommendations on the integration and co-ordination of Xx Xxxx- | ||
xxx o Te Whanga management. | ||
(2) | The Plan must be consistent with the purpose set out in subsection (1). | |
Effect of Plan on Resource Management Act 1991 planning documents | 20 | |
and resource consents | ||
(1) | In preparing or amending a regional policy statement, regional plan, or district | |
plan (as those terms are defined in section 43AA of the Resource Management | ||
Act 1991), a local authority must have regard to the Te Muriwai o Te Whanga | ||
Plan— | 25 | |
(a) to the extent that the contents of the Plan have a bearing on the resource | ||
management issues of the region or district; and | ||
(b) if doing so is the most appropriate way of achieving the purpose of the | ||
Resource Management Act 1991. | ||
(2) | If a written report, decision, or document is required for the performance or exercise of a function, duty, or power referred to in subsection (1), the report, decision, or document must state how that subsection has been complied with. | 30 |
(3) | When a local authority is considering an application for a resource consent to | |
authorise an activity to be undertaken within Te Muriwai o Te Whanga, the | ||
local authority must have regard to the Te Muriwai o Te Whanga Plan if the | 35 | |
authority considers— | ||
(a) that the Plan is relevant; and |
(b) that having regard to the Plan is reasonably necessary to determine the application. | ||
(4) | In this section,— | |
(a) a reference to a policy statement includes a proposed policy statement (as that term is defined in section 43AA of the Resource Management | 5 | |
Act 1991); and | ||
(b) a reference to a plan includes a proposed plan (as that term is defined in section 43AAC of the Resource Management Act 1991). | ||
Effect of Plan on local government matters | ||
(1) | This section applies when a local authority is making a decision under the Local Government Act 2002. | 10 |
(2) | The local authority must have regard to the Te Muriwai o Te Whanga Plan to the extent that the Plan is relevant to the decision. | |
Effect of Plan on conservation matters | ||
Every person or entity must take into account the values and objectives set out in the Te Muriwai o Te Whanga Plan when— | 15 | |
(a) preparing, reviewing, or approving a conservation management strategy or conservation management plan that relates to Te Muriwai o Te Whanga; or | ||
(b) making a decision, under any conservation legislation, that relates to Te Muriwai o Te Whanga. | 20 | |
Preparation and approval of first Plan | ||
(1) | The Komiti must complete the preparation of the first Te Muriwai o Te Whanga Plan not later than 3 years after the settlement date. | |
(2) | In preparing and approving the Plan, the Komiti must— | 25 |
(a) adopt and facilitate a collaborative approach that encourages the partici- pation of interested persons and organisations in the preparation of the Plan; and | ||
(b) comply with any requirements set out in the Komiti’s terms of reference that relate to the preparation of the Plan. | 30 | |
(3) | After the Komiti approves the Plan, it must lodge a copy with each local authority and the Director-General. | |
Review and amendment of Plan | ||
(1) | The Komiti may at any time review and, if necessary, amend the Te Muriwai o Te Whanga Plan or any component of the Plan. | 35 |
(2) | The Komiti must start a review of the Plan not later than 10 years after— | |
(a) the approval of the first Plan; or |
(b) the completion of the previous review of the Plan.
Part 4 Commercial redress
In subparts 1 to 3,— 5
Crown forest land has the meaning given in section 2(1) of the Crown Forest Assets Act 1989
Crown forestry assets has the meaning given in section 2(1) of the Crown Forest Assets Act 1989
deferred selection property means a property described in part 4 of the prop- 10 erty redress schedule for which the requirements for transfer under the deed of settlement have been satisfied
land holding agency means the land holding agency specified in part 4 of the property redress schedule
local authority has the meaning given in section 5(1) of the Local Government 15
Act 2002
protected site means any area of land situated in the unlicensed land that—
(a) is wāhi tapu or a wāhi tapu area within the meaning of section 6 of the Heritage New Zealand Pouhere Taonga Act 2014; and
(b) is, at any time, entered on the New Zealand Heritage List/Rārangi 20
Kōrero as defined in section 6 of that Act
right of access means the right conferred by section 109
unlicensed land means the land described as unlicensed land in part 4 of the property redress schedule.
Subpart 1—Transfer of deferred selection properties 25
The Crown may transfer properties | ||
(1) | To give effect to part 7 of the deed of settlement, the Crown (acting by and | |
through the chief executive of the land holding agency) is authorised— | ||
(a) to transfer the fee simple estate in a deferred selection property to the | ||
trustees; and | 30 | |
(b) to sign a transfer instrument or other document, or do anything else, as | ||
necessary to effect the transfer. | ||
(2) | Subsection (3) applies to a deferred selection property that is subject to a resumptive memorial recorded under any enactment listed in section 17(2). | |
(3) | As soon as is reasonably practicable after the date on which a deferred selec- | 35 |
tion property is transferred to the trustees, the chief executive of the land hold- |
ing agency must give written notice of that date to the chief executive of LINZ for the purposes of section 18 (which relates to the cancellation of resumptive memorials). | ||
Minister of Conservation may grant easements | ||
(1) | The Minister of Conservation may grant any easement over a conservation area | 5 |
or reserve that is required to fulfil the terms of the deed of settlement in rela- | ||
tion to a deferred selection property. | ||
(2) | Any such easement— | |
(a) is enforceable in accordance with its terms, despite Part 3B of the Con- | ||
servation Act 1987; and | 10 | |
(b) is to be treated as having been granted in accordance with Part 3B of that | ||
Act. | ||
Records of title for deferred selection properties | ||
(1) | This section applies to a deferred selection property that is to be transferred to the trustees under section 101. | 15 |
(2) | However, this section applies only to the extent that— | |
(a) the property is not all of the land contained in a record of title for a fee | ||
simple estate; or | ||
(b) there is no record of title for the fee simple estate in all or part of the | ||
property. | 20 | |
(3) | The Registrar-General must, in accordance with a written application by an | |
authorised person,— | ||
(a) create 1 or more records of title for the fee simple estate in the property | ||
in the name of the Crown; and | ||
(b) record on the record of title any interests that are registered, noted, or to | 25 | |
be noted and that are described in the application; but | ||
(c) omit any statement of purpose from the record of title. | ||
(4) | Subsection (3) is subject to the completion of any survey necessary to create a record of title. | |
(5) | In this section and section 104, authorised person means a person author- ised by the chief executive of the land holding agency for the relevant property. | 30 |
Authorised person may grant covenant for later creation of record of title | ||
(1) | For the purposes of section 103, the authorised person may grant a covenant for the later creation of a record of title for a fee simple estate in any deferred | |
selection property. | 35 | |
(2) | Despite the Land Transfer Act 2017,— |
(a) the authorised person may request the Registrar-General to register the covenant under that Act by creating a record of title that records an inter- est; and | ||
(b) the Registrar-General must comply with the request. | ||
Application of other enactments | 5 | |
(1) | This section applies to the transfer of the fee simple estate in a deferred selec- | |
tion property under section 101. | ||
(2) | The transfer is a disposition for the purposes of Part 4A of the Conservation | |
Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the | ||
disposition. | 10 | |
(3) | The transfer does not— | |
(a) limit section 10 or 11 of the Crown Minerals Act 1991; or | ||
(b) affect other rights to subsurface minerals. | ||
(4) | The permission of a council under section 348 of the Local Government Act | |
1974 is not required for laying out, forming, granting, or reserving a private | 00 | |
xxxx, private way, or right of way required to fulfil the terms of the deed of | ||
settlement in relation to the transfer. | ||
(5) | Section 11 and Part 10 of the Resource Management Act 1991 do not apply to | |
the transfer or to any matter incidental to, or required for the purpose of, the | ||
transfer. | 20 | |
(6) | In exercising the powers conferred by section 101, the Crown is not required | |
to comply with any other enactment that would otherwise regulate or apply to | ||
the transfer. | ||
(7) | Subsection (6) is subject to subsections (2) and (3). | |
Ahuriri Station | 25 | |
(1) | The chief executive of the Office for Māori Crown Relations—Xx Xxxxxxxx is | |
authorised to— | ||
(a) accept, on behalf of Her Majesty the Queen, a transfer of Ahuriri Station | ||
from Landcorp Holdings Limited to Her Majesty the Queen; and | ||
(b) sign the transfer instrument or other document, or do anything else, as | 30 | |
necessary to effect the transfer. | ||
(2) | Subsections (3) to (5) apply to the transfer of Ahuriri Station under sub- section (1). | |
(3) | Section 42 of the Land Act 1948 does not apply in relation to any record of title | |
for Ahuriri Station. | 35 | |
(4) | The permission of the Napier City Council under section 348 of the Local Gov- | |
ernment Act 1974 is not required for laying out, forming, granting, or reserving |
a private road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to the transfer.
(5) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or to any matter incidental to, or required for the purpose of, that
transfer. 5
(6) In this section, Ahuriri Station means the property described by that name in part 4 of the property redress schedule.
Unlicensed land | ||
The unlicensed land that is Crown forest land ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown for- estry assets on the date the land is transferred to the trustees. | 10 | |
Management of marginal strips | ||
(1) | This section applies in relation to lease 318194.1 as varied by instruments 6450077.2 and 8828850.1 (held in part record of title 194635). | 15 |
(2) | After the transfer of any unlicensed land to the trustees, any lessee of that land under the lease is to be treated as if the lessee had been appointed under section 24H(1) of the Conservation Act 1987 to be the manager of any marginal strip within the land. | |
(3) | The lessee may do 1 or more of the following things in relation to the marginal strip: | 20 |
(a) exercise the powers of a manager under section 24H of the Conservation Act 1987: | ||
(b) establish, develop, grow, manage, replant, and maintain a forest on the marginal strip as if the marginal strip were subject to the lease: | 25 | |
(c) exercise the lessee’s rights under the lease as if the marginal strip were subject to the lease. |
Subpart 3—Access to protected sites
Right of access to protected sites | ||
(1) | The owner of land on which a protected site is situated and any person holding | 30 |
an interest in, or right of occupancy to, that land must allow Māori for whom | ||
the protected site is of special cultural, historical, or spiritual significance to | ||
have access across the land to each protected site. | ||
(2) | Subsection (1) takes effect on and from the date of transfer of the property to the trustees. | 35 |
(3) | The right of access may be exercised by vehicle or by foot over any reasonably | |
convenient routes specified by the owner. |
(4) The right of access is subject to the following conditions:
(a) a person intending to exercise the right of access must give the owner reasonable notice in writing of his or her intention to exercise that right; and
(b) the right of access may be exercised only at reasonable times and during 5 daylight hours; and
(c) a person exercising the right of access must observe any conditions imposed by the owner relating to the time, location, or manner of access that are reasonably required—
(i) for the safety of people; or 10
(ii) for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
(iii) for operational reasons.
Right of access over unlicensed land | ||
(1) | A right of access over unlicensed land is subject to the terms of any lease— | 15 |
(a) granted before the settlement date; or | ||
(b) granted on or after the settlement date under a right of renewal in a lease | ||
granted before the settlement date. | ||
(2) | However, subsection (1) does not apply if the lessee has agreed to the right of access being exercised. | 20 |
(3) | An amendment to a lease is of no effect to the extent that it would— | |
(a) delay the date from which a person may exercise a right of access; or | ||
(b) adversely affect a right of access in any other way. | ||
Right of access to be recorded on records of title | ||
(1) | This section applies to the transfer of any unlicensed land under section 101. | 25 |
(2) | The transfer instrument for the transfer must include a statement that the land is | |
subject to a right of access to any protected sites on the land. | ||
(3) | The Registrar-General must, upon the registration of the transfer of the land, | |
record on any record of title for the land that the land is subject to a right of | ||
access to protected sites on the land. | 30 |
Subpart 4—Right of first refusal over RFR land
In this subpart and Schedule 5,—
control, for the purposes of paragraph (d) of the definition of Crown body, means,—
(a) for a company, control of the composition of its board of directors; and
(b) for another body, control of the composition of the group that would be
its board of directors if the body were a company 5
Crown body means—
(a) a Crown entity, as defined in section 7(1) of the Crown Entities Act 2004; and
(b) a State enterprise, as defined in section 2 of the State-Owned Enterprises
Act 1986; and 10
(c) the New Zealand Railways Corporation; and
(d) a company or body that is wholly owned or controlled by 1 or more of the following:
(i) the Crown:
(ii) a Crown entity: 15
(iii) a State enterprise:
(iv) the New Zealand Railways Corporation; and
(e) a subsidiary or related company of a company or body referred to in
paragraph (d)
dispose of, in relation to RFR land,— 20
(a) means—
(i) to transfer or vest the fee simple estate in the land; or
(ii) to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but 25
(b) to avoid doubt, does not include—
(i) to mortgage, or give a security interest in, the land; or
(ii) to grant an easement over the land; or
(iii) to consent to an assignment of a lease, or to a sublease, of the land; or 30
(iv) to remove an improvement, a fixture, or a fitting from the land
expiry date, in relation to an offer, means its expiry date under sections 115(2)(a) and 116
notice means a notice given under this subpart
offer means an offer by an RFR landowner, made in accordance with section 35
115, to dispose of RFR land to the trustees
public work has the meaning given in section 2 of the Public Works Act 1981
related company has the meaning given in section 2(3) of the Companies Act 1993
RFR landowner, in relation to RFR land,—
(a) means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and | 5 | |
(b) means a Crown body, if the body holds the fee simple estate in the land; | ||
and | ||
(c) includes a local authority to which RFR land has been disposed of under | ||
section 121(1); but | ||
(d) to avoid doubt, does not include an administering body in which RFR | 10 | |
land is vested under section 122(1) | ||
RFR period means the period of 174 years on and from the settlement date | ||
subsidiary has the meaning given in section 5 of the Companies Act 1993. | ||
Meaning of RFR land | ||
(1) | In this subpart, RFR land means— | 15 |
(a) the land described in part 3 of the attachments that, on the settlement | ||
date,— | ||
(i) is vested in the Crown; or | ||
(ii) is held in fee simple by the Crown; and | ||
(b) any land obtained in exchange for a disposal of RFR land under section 126(1)(c) or 127. | 20 | |
(2) | Land ceases to be RFR land if— | |
(a) the fee simple estate in the land transfers from the RFR landowner to— | ||
(i) the trustees or their nominee (for example, under section 101 in | ||
the case of a deferred selection property or under a contract | 25 | |
formed under section 119); or | ||
(ii) any other person (including the Crown or a Crown body) under | ||
section 114(d); or | ||
(b) the fee simple estate in the land transfers or vests from the RFR land- | ||
owner to or in a person other than the Crown or a Crown body— | 30 | |
(i) under any of sections 123 to 129 (which relate to permitted | ||
disposals of RFR land); or | ||
(ii) under any matter referred to in section 130(1) (which specifies | ||
matters that may override the obligations of an RFR landowner | ||
under this subpart); or | 35 | |
(c) the fee simple estate in the land transfers or vests from the RFR land- | ||
owner in accordance with a waiver or variation given under section 138; or |
(d) the RFR period for the land ends.
Restrictions on disposal of RFR land
114 Restrictions on disposal of RFR land
An RFR landowner must not dispose of RFR land to a person other than the trustees or their nominee unless the land is disposed of— 5
(a) under any of sections 120 to 129; or
(b) under any matter referred to in section 130(1); or
(c) in accordance with a waiver or variation given under section 138; or
(d) within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees if the offer to the trustees was— 10
(i) made in accordance with section 115; and
(ii) made on terms that were the same as, or more favourable to the trustees than, the terms of the disposal to the person; and
(iii) not withdrawn under section 117; and
(iv) not accepted under section 118. 15
Trustees’ right of first refusal
Requirements for offer | ||
(1) | An offer by an RFR landowner to dispose of RFR land to the trustees must be by notice to the trustees. | |
(2) | The notice must include— | 20 |
(a) the terms of the offer, including its expiry date; and | ||
(b) the legal description of the land, including any interests affecting it, and the reference for any record of title for the land; and | ||
(c) a street address for the land (if applicable); and | ||
(d) a street address, postal address, and fax number or electronic address for the trustees to give notices to the RFR landowner in relation to the offer. | 25 | |
Expiry date of offer | ||
(1) | The expiry date of an offer must be on or after the date that is 20 working days after the date on which the trustees receive notice of the offer. | |
(2) | However, the expiry date of an offer may be on or after the date that is 10 working days after the date on which the trustees receive notice of the offer if— | 30 |
(a) the trustees received an earlier offer to dispose of the land; and | ||
(b) the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and | 35 |
(c) the earlier offer was not withdrawn. | ||
Withdrawal of offer | ||
The RFR landowner may, by notice to the trustees, withdraw an offer at any time before it is accepted. | ||
Acceptance of offer | 5 | |
(1) | The trustees may, by notice to the RFR landowner who made an offer, accept the offer if— | |
(a) it has not been withdrawn; and | ||
(b) its expiry date has not passed. | ||
(2) | The trustees must accept all the RFR land offered, unless the offer permits them to accept less. | 10 |
Formation of contract | ||
(1) | If the trustees accept an offer by an RFR landowner to dispose of RFR land, a contract for the disposal of the land is formed between the RFR landowner and the trustees on the terms in the offer. | 15 |
(2) | The terms of the contract may be varied by written agreement between the RFR landowner and the trustees. | |
(3) | Under the contract, the trustees may nominate any person (the nominee) to receive the transfer of the RFR land. | |
(4) | The trustees may nominate a nominee only if— | 20 |
(a) the nominee is lawfully able to hold the RFR land; and | ||
(b) notice is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle. | ||
(5) | The notice must specify— | |
(a) the full name of the nominee; and | 25 | |
(b) any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee. | ||
(6) | If the trustees nominate a nominee, the trustees remain liable for the obliga- tions of the transferee under the contract. | |
30 | ||
Disposal to the Crown or Crown bodies | ||
(1) | An RFR landowner may dispose of RFR land to— |
(a) the Crown; or
(b) a Crown body.
(2) To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 143(5) or 206 of the Education Act 1989 section 563 of the Education and Training Act 2020.
121 Disposal of existing public works to local authorities
(1) An RFR landowner may dispose of RFR land that is a public work or part of a 5 public work, in accordance with section 50 of the Public Works Act 1981, to a local authority, as defined in section 2 of that Act.
(2) To avoid doubt, if RFR land is disposed of to a local authority under subsec- tion (1), the local authority becomes—
(a) the RFR landowner of the land; and 10
(b) subject to the obligations of an RFR landowner under this subpart.
122 Disposal of reserves to administering bodies
(1) An RFR landowner may dispose of RFR land in accordance with section 26 or 26A of the Reserves Act 1977.
(2) To avoid doubt, if RFR land that is a reserve is vested in an administering body 15
under subsection (1), the administering body does not become—
(a) the RFR landowner of the land; or
(b) subject to the obligations of an RFR landowner under this subpart.
(3) However, if RFR land vests back in the Crown under section 25 or 27 of the Reserves Act 1977, the Crown becomes— 20
(a) the RFR landowner of the land; and
(b) subject to the obligations of an RFR landowner under this subpart.
Disposals to others where land may cease to be RFR land
123 Disposal in accordance with obligations under enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation 25
under any enactment or rule of law.
124 Disposal in accordance with legal or equitable obligations
An RFR landowner may dispose of RFR land in accordance with—
(a) a legal or an equitable obligation that—
(i) was unconditional before the settlement date; or 30
(ii) was conditional before the settlement date but became uncondi- tional on or after the settlement date; or
(iii) arose after the exercise (whether before, on, or after the settlement date) of an option existing before the settlement date; or
(b) the requirements, existing before the settlement date, of a gift, an endow- 35 ment, or a trust relating to the land.
125 Disposal under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
(a) section 54(1)(d) of the Land Act 1948; or
(b) section 34, 43, or 44 of the Marine and Coastal Area (Takutai Moana)
Act 2011; or 5
(c) section 355(3) of the Resource Management Act 1991; or
(d) an Act that—
(i) excludes the land from a national park within the meaning of the National Parks Act 1980; and
(ii) authorises that land to be disposed of in consideration or part con- 10 sideration for other land to be held or administered under the Con- servation Act 1987, the National Parks Act 1980, or the Reserves
Act 1977.
126 Disposal of land held for public works
(1) An RFR landowner may dispose of RFR land in accordance with— 15
(a) section 40(2) or (4) or 41 of the Public Works Act 1981 (including as applied by another enactment); or | ||
(b) section 52, 105(1), 106, 114(3), 117(7), or 119 of the Public Works Act 1981; or | ||
(c) section 117(3)(a) of the Public Works Act 1981; or | 20 | |
(d) section 117(3)(b) of the Public Works Act 1981 if the land is disposed of to the owner of adjoining land; or | ||
(e) section 23(1) or (4), 24(4), or 26 of the New Zealand Railways Corpor- ation Restructuring Act 1990. | ||
(2) | To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 of Te Ture Whenua Maori Act 1993, after an applica- tion by an RFR landowner under | 25 |
Disposal for reserve or conservation purposes | ||
An RFR landowner may dispose of RFR land in accordance with— | 30 | |
(a) section 15 of the Reserves Act 1977; or | ||
(b) section 16A or 24E of the Conservation Act 1987. | ||
Disposal for charitable purposes | ||
An RFR landowner may dispose of RFR land as a gift for charitable purposes. | ||
Disposal to tenants | 35 | |
The Crown may dispose of RFR land,— |
(a) if the land was held on the settlement date for education purposes, to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or
(b) under section 67 of the Land Act 1948, if the disposal of the land is to a lessee under a lease of the land granted— 5
(i) before the settlement date; or
(ii) on or after the settlement date under a right of renewal in a lease granted before the settlement date; or
(c) under section 93(4) of the Land Act 1948.
RFR landowner’s obligations subject to other matters | ||
(1) | An RFR landowner’s obligations under this subpart in relation to RFR land are | |
subject to— | ||
(a) any other enactment or rule of law except that, in the case of a Crown | ||
body, the obligations apply despite the purpose, functions, or objectives | 15 | |
of the Crown body; and | ||
(b) any interest or legal or equitable obligation— | ||
(i) that prevents or limits an RFR landowner’s disposal of RFR land | ||
to the trustees; and | ||
(ii) that the RFR landowner cannot satisfy by taking reasonable steps; | 20 | |
and | ||
(c) the terms of a mortgage over, or security interest in, RFR land. | ||
(2) | Reasonable steps, for the purposes of subsection (1)(b)(ii), do not include steps to promote the passing of an enactment. |
Notice to LINZ of RFR land with record of title after settlement date | ||
(1) | If a record of title is first created for RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the record of title has been created. | |
(2) | If land for which there is a record of title becomes RFR land after the settle- ment date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land. | 30 |
(3) | The notice must be given as soon as is reasonably practicable after a record of title is first created for the RFR land or after the land becomes RFR land. | |
(4) | The notice must include the legal description of the land and the reference for the record of title. | 35 |
Notice to trustees of disposal of RFR land to others | ||
(1) | An RFR landowner must give the trustees notice of the disposal of RFR land | |
by the landowner to a person other than the trustees or their nominee. | ||
(2) | The notice must be given on or before the date that is 20 working days before | |
the day of the disposal. | 5 | |
(3) | The notice must include— | |
(a) the legal description of the land, including any interests affecting it; and | ||
(b) the reference for any record of title for the land; and | ||
(c) the street address for the land (if applicable); and | ||
(d) the name of the person to whom the land is being disposed of; and | 10 | |
(e) an explanation of how the disposal complies with section 114; and | ||
(f) if the disposal is to be made under section 114(d), a copy of any writ- | ||
ten contract for the disposal. | ||
Notice to LINZ of land ceasing to be RFR land | ||
(1) | This section applies if land contained in a record of title is to cease being RFR | 15 |
land because— | ||
(a) the fee simple estate in the land is to transfer from the RFR landowner | ||
to— | ||
(i) the trustees or their nominee (for example, under section 101 in | ||
the case of a deferred selection property, or under a contract | 20 | |
formed under section 119); or | ||
(ii) any other person (including the Crown or a Crown body) under | ||
section 114(d); or | ||
(b) the fee simple estate in the land is to transfer or vest from the RFR land- | ||
owner to or in a person other than the Crown or a Crown body— | 25 | |
(i) under any of sections 123 to 129; or | ||
(ii) under any matter referred to in section 130(1); or | ||
(c) the fee simple estate in the land is to transfer or vest from the RFR land- | ||
owner in accordance with a waiver or variation given under section 138. | 30 | |
(2) | The RFR landowner must, as early as practicable before the transfer or vesting, | |
give the chief executive of LINZ notice that the land is to cease being RFR | ||
land. | ||
(3) | The notice must include— | |
(a) the legal description of the land; and | 35 | |
(b) the reference for the record of title for the land; and | ||
(c) the details of the transfer or vesting of the land. |
Schedule 5 applies to notices given under this subpart by or to—
(a) an RFR landowner; or
(b) the trustees.
Right of first refusal recorded on records of title 5
Right of first refusal to be recorded on records of title for RFR land | ||
(1) | The chief executive of LINZ must issue to the Registrar-General 1 or more cer- | |
tificates that specify the legal descriptions of, and identify the records of title | ||
for,— | ||
(a) the RFR land for which there is a record of title on the settlement date; | 10 | |
and | ||
(b) the RFR land for which a record of title is first created after the settle- | ||
ment date; and | ||
(c) land for which there is a record of title that becomes RFR land after the | ||
settlement date. | 15 | |
(2) | The chief executive must issue a certificate as soon as is reasonably practic- | |
able— | ||
(a) after the settlement date, for RFR land for which there is a record of title | ||
on the settlement date; or | ||
(b) after receiving a notice under section 131 that a record of title has been created for the RFR land or that the land has become RFR land, for any | 20 | |
other land. | ||
(3) | Each certificate must state that it is issued under this section. | |
(4) | The chief executive must provide a copy of each certificate to the trustees as | |
soon as is reasonably practicable after issuing the certificate. | 25 | |
(5) | The Registrar-General must, as soon as is reasonably practicable after receiving | |
a certificate issued under this section, record on each record of title for the RFR | ||
land identified in the certificate that the land is— | ||
(a) RFR land, as defined in section 113; and | ||
(b) subject to this subpart (which restricts disposal, including leasing, of the | 30 | |
land). | ||
Removal of notations when land to be transferred or vested | ||
(1) | The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 133, issue to the Registrar-General a certificate that includes— | 35 |
(a) the legal description of the land; and | ||
(b) the reference for the record of title for the land; and |
(c) the details of the transfer or vesting of the land; and (d) a statement that the certificate is issued under this section. | ||
(2) | The chief executive must provide a copy of each certificate to the trustees as | |
soon as is reasonably practicable after issuing the certificate. | ||
(3) | If the Registrar-General receives a certificate issued under this section, the | 5 |
Registrar-General must, immediately before registering the transfer or vesting | ||
described in the certificate, remove from the record of title identified in the cer- tificate any notation recorded under section 135 for the land described in the certificate. | ||
Removal of notations when RFR period ends | 10 | |
(1) | The chief executive of LINZ must, as soon as is reasonably practicable after | |
the RFR period ends in respect of any RFR land, issue to the Registrar-General | ||
a certificate that includes— | ||
(a) the reference for each record of title for that RFR land that still has a notation recorded under section 135; and | 15 | |
(b) a statement that the certificate is issued under this section. | ||
(2) | The chief executive must provide a copy of each certificate to the trustees as | |
soon as is reasonably practicable after issuing the certificate. | ||
(3) | The Registrar-General must, as soon as is reasonably practicable after receiving | |
a certificate issued under this section, remove any notation recorded under section 135 from any record of title identified in the certificate. | 20 | |
Waiver and variation | ||
(1) | The trustees may, by notice to an RFR landowner, waive any or all of the rights | |
the trustees have in relation to the landowner under this subpart. | 25 | |
(2) | The trustees and an RFR landowner may agree in writing to vary or waive any | |
of the rights each has in relation to the other under this subpart. | ||
(3) | A waiver or an agreement under this section is on the terms, and applies for the | |
period, specified in it. | ||
Disposal of Crown bodies not affected | 30 | |
This subpart does not limit the ability of the Crown, or a Crown body, to sell or | ||
dispose of a Crown body. | ||
Assignment of rights and obligations under this subpart | ||
(1) | Subsection (3) applies if the RFR holder— | |
(a) assigns the RFR holder’s rights and obligations under this subpart to 1 or | 35 | |
more persons in accordance with the RFR holder’s constitutional docu- | ||
ment; and |
(b) has given the notices required by subsection (2).
(2) The RFR holder must give notices to each RFR landowner that—
(a) state that the RFR holder’s rights and obligations under this subpart are being assigned under this section; and
(b) specify the date of the assignment; and 5
(c) specify the names of the assignees and, if they are the trustees of a trust, the name of the trust; and
(d) specify the street address, postal address, and fax number or electronic address for notices to the assignees.
(3) This subpart and Schedule 5 apply to the assignees (instead of to the RFR 10
holder) as if the assignees were the trustees, with any necessary modifications.
(4) In this section,—
constitutional document means the trust deed or other instrument adopted for the governance of the RFR holder
RFR holder means the 1 or more persons who have the rights and obligations 15
of the trustees under this subpart, because—
(a) they are the trustees; or
(b) they have previously been assigned those rights and obligations under this section.
Schedule 1 Statutory areas
ss 32, 41
Part 1
Area subject only to statutory acknowledgement 5
Statutory area Location
Ahuriri Hapū Coastal Marine Area As shown on OTS-206-20
Part 2
Areas subject to both statutory acknowledgement and deed of recognition
Statutory area Location
Esk River and its tributaries within the area of interest As shown on OTS-206-18 Xxxx Xxxx Xxxx Nature Reserve As shown on OTS-206-05
Xxxxxxxxxx Scenic Reserve As shown on OTS-206-06
Part of Kaimanawa Forest Park As shown on OTS-206-07
Part of Kaweka Forest Conservation Area As shown on OTS-206-08
Part of Kaweka State Forest Park As shown on OTS-206-09
Kuripapango DOC Field Base As shown on OTS-206-10 Mangaone River and its tributaries within the area of interest As shown on OTS-206-12 Mohaka River and its tributaries within the area of interest As shown on OTS-206-13 Ngaruroro River and its tributaries within the area of interest As shown on OTS-206-14 Puketitiri (Puketitiri Field Centre) As shown on OTS-206-17 Tutaekuri River and its tributaries within the area of interest As shown on OTS-206-19
Schedule 2 Overlay areas
Overlay area Location Description
s 47
Balls Clearing Scenic Reserve
As shown on OTS-206-02 Hawke’s Bay Land District—Hastings District
135.1496 hectares, more or less, being Sections 66, 104, 105, 106, and 107 Block XIV Pohue Survey District.
Otatara Pa Historic Reserve As shown on OTS-206-04 Hawke’s Bay Land District—Napier
City
58.1495 hectares, more or less, being Lot 1 DP 404875, Lot 1 DP 6448,
Lot 1 DP 6687, Lot 1 DP 12898, Lot 2
DP 341324, Lot 4 DP 311299, Lots 10
and 11 DP 12805, Section 11 Block VII Heretaunga Survey District, and Block 176 Puketapu Crown Grant District.
Schedule 3 Cultural redress properties
Properties vested in fee simple
Name of property Description Interests
ss 65, 69, 70
Conservation House property
Hawke’s Bay Land District— Napier City
0.1309 hectares, more or less, being Section 1 SO 2726. All
Gazette 1992, p 971.
Subject to the unregistered lease referred to in section 66(3).
Subject to an unregistered lease to the Animal Health Board (now OSPRI) set out in a letter dated 24 May 2013 and an unregistered
variation of that lease dated 2 June 2015.
Subject to an unregistered easement with concession number ECHB-23849-OTH to Napier City Council.
Pakake Hawke’s Bay Land District— Napier City
0.4217 hectares, more or less, being Lot 2 DP 22454. All record of title HBP2/876 for the fee simple estate.
Subject to and together with a right to drain sewage specified in easement certificate 568837.6.
The easements specified in easement certificate 568837.6 are subject to section 309(1)(a) of the Local Government Act 1974.
Subject to an unregistered licence to occupy to Xxxxxx Parking New Zealand Limited set out in a letter dated 28 March 2017.
Property vested in fee simple to be administered as reserve 5
Name of property Description Interests
Heipipi Pa Hawke’s Bay Land District— Napier City
16.8552 hectares, more or less, being Lots 1 and 2 DP 2205, and Lot 2 DP 2289. All record of title HB142/185 for the fee simple estate.
0.6634 hectares, more or less, being Lot 1 DP 13873. All record of title HBF4/779 for the fee simple estate.
0.3784 hectares, more or less, being Section 50 Block XII Puketapu Survey District. All record of title HBA3/793 for the fee simple estate.
6.5931 hectares, more or less, being Part Lot 19 DP 1856. All
Subject to being a historic reserve, as referred to in section 68(3).
Subject to section 59 of the Land Act 1948 (affects record of title HBA3/793).
Subject to Gazette notice 260916 declaring adjoining State Highway 2 to be a limited access road (affects record of title HBA3/793).
Subject to a right of way easement in gross, and easements in gross for rights to convey water and convey electric power created by Gazette notice 517954.1 (affects record of title HBA3/793).
Subject to notice 5259013.2 pursuant to section 91 of the
Name of property Description Interests
record of title HBA3/1044 for the fee simple estate.
Transit New Zealand Act 1989 (affects record of title HBA3/793).
Subject to a compensation certificate pursuant to section 19 of the Public Works Act 1981, instrument 497163.1 (affects records of title HBA3/793 and HBA3/1044).
Subject to a right of way easement in gross, and easements in gross for rights to store water, convey water, convey electric power, and drain water created by Gazette notice 517954.1 (affects record of title HBA3/1044).
Subject to an unregistered grazing licence with concession number WE-32632-GRA to Taratahi Agricultural Training Centre (Wairarapa) Trust Board.
Subject to an unregistered easement with concession number ECHB-24093-OTH to Napier City Council.
Subject to an unregistered permit with national permit number 35818-FAU to Animal Health Board Incorporated.
Subject to an unregistered permit with national permit number 35818-FAU and assignment with concession number 36927-DAM to TBfree New Zealand Limited.
Subject to an unregistered Wildlife Act Authority permit with national permit number 35130-FAU to Wildland Consultants Limited.
Subject to an unregistered permit with permit number 34958–FAU to Hawke’s Bay Fish and Game Council.
Subject to an unregistered high impact research and collection permit with national permit number AK-31321-FAU to Xxxxxxx X Xxxxx.
Subject to an unregistered Wildlife Act Authority permit with national permit number 35196-FAU to Xxxxxxx Xxxxxxx.
Subject to an unregistered concession (permit) with concession number CA-31615-
Name of property Description Interests
OTH to Landcare Research New Zealand Limited.
Subject to an unregistered low impact research and collection permit with national permit number WK-33705-FLO to Xxxxxxx Xxxxxx.
Subject to an unregistered concession (permit) with concession number WC-27582- LAN to Bus and Coach Association (New Zealand) Incorporated.
Schedule 4
Administration and procedure of Te Komiti Muriwai o Te Whanga
ss 82, 86, 93
1 | Chairperson and deputy chairperson | |
(1) | The trustees of the Mana Ahuriri Trust must appoint one of the Komiti’s mem- bers as chairperson of the Komiti. | 5 |
(2) | The term of office of the chairperson is 3 years, unless the chairperson resigns or is removed during that term. | |
(3) | The trustees may reappoint or remove the chairperson. | |
(4) | The Komiti must appoint one of its members as deputy chairperson of the Komiti. | 10 |
(5) | The term of office of the deputy chairperson is 3 years, unless the deputy chair- person resigns or is removed during that term. | |
(6) | The Komiti may reappoint or remove the deputy chairperson. | |
2 | Terms of reference | 15 |
(1) | The Komiti must, at its first meeting after the settlement date, adopt terms of reference for the operations of the Komiti. | |
(2) | The Komiti may amend the terms of reference at any time. | |
(3) | However, the Komiti may adopt or amend the terms of reference only if at least 7 of the Komiti’s members are present and voting at the meeting or voting by proxy. | 20 |
(4) | Members of the Komiti must comply with the terms of reference. | |
3 | Meetings of Komiti | |
Meetings schedule | ||
(1) | The Komiti must,— | 25 |
(a) at the first meeting of each year after the settlement date, agree a sched- ule of meetings for the year that will allow the Komiti to achieve its pur- pose and perform its functions; and | ||
(b) regularly review the schedule to ensure that it is sufficient to allow the Komiti to achieve its purpose and perform its functions. | 30 | |
(2) | The chairperson must give written notice of the schedule to each member not later than 14 days before the first meeting on the schedule is to be held. | |
(3) | If the schedule is amended, the chairperson must give written notice of the amended schedule to each member not later than 14 days before the first meet- ing on the amended schedule is to be held. | 35 |
(4) | A member may waive any requirement regarding the giving of notice to that member. |
Special meetings | ||
(5) | The terms of reference may— | |
(a) provide for special meetings; and | ||
(b) set out requirements in relation to how and when special meetings may | ||
be called. | 5 | |
Quorum and attendance | ||
(6) | The quorum for a meeting of the Komiti is 5 members and must include— | |
(a) the chairperson or deputy chairperson; and | ||
(b) 2 members appointed by the trustees of the Mana Ahuriri Trust; and | ||
(c) 1 member appointed by a local authority. | 10 | |
(7) | The Komiti may invite to meetings any advisers or other persons whom the | |
Komiti considers to be necessary to the work of the Komiti. | ||
(8) | In this clause and clause 4, special meeting means a meeting that has not been scheduled in the schedule of meetings. | |
4 | Decision making | 15 |
(1) | The Komiti must make its decisions at— | |
(a) a scheduled meeting; or | ||
(b) a special meeting called in accordance with the terms of reference. | ||
(2) | When making decisions,— | |
(a) members of the Komiti must strive to achieve consensus; but | 20 | |
(b) if, in the opinion of the chairperson, consensus is not practicable after a | ||
reasonable discussion, a decision of the Komiti may be made by a min- | ||
imum of 75% of those members present and voting at the meeting or | ||
voting by proxy. | ||
(3) | The chairperson may vote on any matter but does not have a casting vote. | 25 |
5 | Management of conflicts of interest | |
(1) | Each Komiti member must avoid, to the extent that it is reasonably practicable | |
to do so, any conflict, or any appearance of a conflict, between his or her own | ||
interests and his or her responsibilities as a member of the Komiti (a conflict of | ||
interest). | 30 | |
(2) | The terms of reference must set out effective measures for the disclosure and | |
management of conflicts of interest. | ||
(3) | Komiti members who are also members of a local authority are not disqualified | |
from participating in any decision making by the local authority by virtue of | ||
being a member, or participating in making a decision, of the Komiti. | 35 |
6 | Administrative and technical support of Komiti | |
(1) | The Napier City Council is responsible for the administrative support of the | |
Komiti. | ||
(2) | The administrative support referred to in subclause (1) includes the provision of those services required for the Komiti to carry out its functions under this | 5 |
Act. | ||
(3) | The Napier City Council must, on behalf of the Komiti,— | |
(a) hold any funds belonging to the Komiti; and | ||
(b) account for the funds in a separate and identifiable manner; and | ||
(c) spend the funds in accordance with any direction given by the Komiti. | 10 | |
(4) | All appointers must provide technical support to the Komiti to the extent that it | |
is reasonably practicable to do so. | ||
7 | Reporting of activities | |
(1) | The Komiti must report to the appointers after the end of each financial year. | |
(2) | The report must— | 15 |
(a) describe the activities of the Komiti for the financial year the report | ||
covers; and | ||
(b) explain how the activities relate to the purpose and functions of the | ||
Komiti. | ||
(3) | In this clause, financial year means a period of 1 year ending on 30 June. | 20 |
Schedule 5
Notices in relation to RFR land
1 Requirements for giving notice
ss 112, 134, 140(3)
A notice by or to an RFR landowner or the trustees under subpart 4 of Part 5
4 must be—
(a) in writing and signed by—
(i) the person giving it; or
(ii) at least 2 of the trustees for a notice given by the trustees; and
(b) addressed to the recipient at the street address, postal address, fax num- ber, or electronic address,— | 10 | |
(i) for a notice to the trustees, specified for the trustees in accordance | ||
with the deed of settlement, or in a later notice given by the | ||
trustees to the RFR landowner, or identified by the RFR land- | ||
owner as the current address, fax number, or electronic address of | 15 | |
the trustees; or | ||
(ii) for a notice to an RFR landowner, specified by the RFR land- owner in an offer made under section 115, or in a later notice given to the trustees, or identified by the trustees as the current | ||
address, fax number, or electronic address of the RFR landowner; | 20 | |
and | ||
(c) for a notice given under section 131 or 133, addressed to the chief executive of LINZ at the Wellington office of LINZ; and | ||
(d) given by— | ||
(i) delivering it by hand to the recipient’s street address; or | 25 | |
(ii) posting it to the recipient’s postal address; or | ||
(iii) faxing it to the recipient’s fax number; or | ||
(iv) sending it by electronic means such as email. | ||
2 | Use of electronic transmission | |
Despite clause 1, a notice given in accordance with clause 1(a) may be given by electronic means as long as the notice is given with an electronic sig- | 30 | |
nature that satisfies section 226(1)(a) and (b) of the Contract and Commercial | ||
Law Act 2017. | ||
3 | Time when notice received | |
(1) | A notice is to be treated as having been received— | 35 |
(a) at the time of delivery, if delivered by hand; or | ||
(b) on the sixth day after posting, if posted; or |
(c) at the time of transmission, if faxed or sent by other electronic means.
(2) However, a notice is to be treated as having been received on the next working day if, under subclause (1), it would be treated as having been received—
(a) after 5 pm on a working day; or
(b) on a day that is not a working day. 5
Legislative history
20 December 2019 Introduction (Bill 216–1)
12 March 2020 First reading and referral to Māori Affairs Committee
Wellington, New Zealand:
Published under the authority of the House of Representatives—2020